The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-12

The jury i'm the case Of B. Gusman
brought in "a verdict Of guilty at 1890
last night, after about eight hours de-
liberation They found that Gusman
had committed manslaughter i'm the
third degree, i'm killing his friend ka-
Mocha, and recommended him to the
mercy of the court. Kaulukou moved
for a new trial and excepted To the YER
dict. and further hearing of the case
was set for next Saturday morning,
when sentence is to be passed n he mo-
ton for new trial is denied.
The Supreme court yesterday render
ed decision overruling Judge Little OF
the Fourth Circuit i'm the case of the
Volcano Stables and TRANSFORMATION
wal. The decision is by Perry and
Frear, Galbraith being disqualified. The
decision is in part as follows:
Plaintiff brought an action In the
District Court of South Hilo, alleging
in the declaration that the defendant,
Hayashi, had entered into certain con-
tract with him, the plaintiff, for the
construction of a certain road, and had,
with the defendant Hawai- executed
and delivered to the plainin "A bond in
the sum of one thousand dollars, con-
ditioned for the faithful performance "
the contract referred to, and that Ia
yashi failed to complete the road as in
the plaintiff in the sum of 5000.
When the cause came on for trial
before the Circuit Judge, that court Of
its own motion ruled that the District
Court had no jurisdiction to near uT
determine the case. AMI dismissed the
action, the grounds upon which the or
der was based bein0. apparently, Cd
that the penalty stated IN The bond was
more than $780, and Oh tnat Section
lila of the Civil Laws provided tho
District Courts should not have juris
diction in such cases. This ruling ana
order are assigned as error.
We are of the opinion that the Cir
cult Court erred. 1t is Wei settled that
the amount for which judgment Is pray 70
ed and not the amount of the penalty Of
the bond or of the d sbt due, determines
whether or not the case is one within
the jurisdiction of the cont. II is also
established by the prapuudarnnen OF aU-
thority that a plaintiff may waive a
portion of the amount due him in order
to bring his claim within the juri5dic-
ton of an inferior 3OIrt provided this
| is done bona fide. The amount claim
| ed being but $500, the Dist t Court and
the Circuit Judge on appeal, had Jurls-
diction to hear and determine the cJse.
The order of dismissal is reversed
and the cause remanded to the Giro lit
Judge of the Fourth Circuit i'm Cham
bers, for such further proceedings as
may be proper"
Wise & Nickeus for Plaintiff. Smith
& Parsons for defendants
A decree was filed yesterday in the
case of f. Wundenberg VS.. George
| Markham.
general denial and answer has been
filed in the case of A. Knust VS.. Charles
| Kamman.
An affidavit was filed yesterday in the
appeal in the matter Of the Schlief Els.
| tate setting out that several hundred
| dollars paid to the auctiOneer and COM
| missioner had not been returned,
thought demanded by the commissioner.
Both plaintiff and defendant in the
case of Kaunalewa ct al VS.. Kipi ct al
| are dead and a motion was filed yester-
day to substitute the Ii Estate for
plaintiff and Kaapuiko for the dead de-
PENDANT.