The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-06-01
VERDICT Is AGAINST
M PLANTATION Co.
Kalau Awarded $50
Damages for Land
Trespass.
PERJURY CASE AGAIN POSTPONED
RESERVED FOR TRIAL BY JUDGE
GEAR AND ABATEMENT
PLEA FILED.
viii Of Hugh Morrison Divides sI5.-
900 Between Five Brothers and
Sister,. @. Wood Sued for
Fraud-Receiver in vivas VS.. Silva
PERJURY CASE AGAIN POSTPONED

perjury came before Judge Humphreys
in due course yesterday morning. as
continued from previous hearings.
Deputy Attorney General j. W
Cathcart read the Indictment.
Judge Humphreys stated that Judge
Gear was expected to return TO the
Territory within a few days and TO
him the case would be assigned. He
saw no reason why it should not have
a speedy determination
F. W. Hankey for defendant present
ed plea in abatement. claiming that
the grand jury finding the indictment
was not legally summoned. having not
been selected by the High Sheriff or
any of his deputies, nor selected from
the body of the Island of Oahu The
defendant opened the plea with a pro-
testation of innocence of the crime
charged.
HamaIo, arraigned on indictment for
rape, pleaded not guilty.
Judge Humphreys yesterday issued
a subpoena jointly to John A Nc
Candless and VIM. H. Hoogs to appear
before the grand jury.
In the suit for dissolution of partner
ship of j. NJ. N1vas vs. M Gusmao
Silva. Judge Humphreys granted a
motion to have receiver appointed,
who should not be interfered with by
either party. The appointment is not
yet made. c. c. Biting appeared for
plaintiff and A. G. Correa for defend
ant.
On Monday last the trial of the tres
pass case of Kalau against Eva Plan
tation Co. and W. ]. Lowrie, former
manager of that plantation, began be-
fore Judge Edings. 1t was concluded
after o'clock yesterday afternoon.
when the jury returned a verdict for
the plaintiff in the sum of $50.
Magoon & Thompson for defendant
give notice that on Monday next they
will move for a day to hear NJ. G.
Silva VS.. j. A. Magoon. administrator
of the estate of A. Fernandez.
c.. C. Biting for plaintiff has fled
in the Supreme Court a writ Of error
to the Fourth Circuit Court, Hilo. in
C. d. Pringle VS.. Hilo Mercantile
Co.
W. O. Smith files the petition of
Clara T. Morrison for letters tesla
mentary to her under the win of her
late husband, Hugh Morrison. Besides
herself the heirs at law and next OF
kin are Hugh Morrison's mother in
Aberdeen, Scotland: his two brothers
Alexander and John. and three sisters
Ann and Jane Morrison and Charlotte
Bannerman, all living in Aberdeen ex
cepting Ann, who is resident of New
York. The testator leaves $4,000 Il
be divided between his five brothers
and sisters, share and share alike, anG
the residue of his estate to his wife
He dominates his wife as executri,
with power to dispose of the property
subject to the requests mentioned
with or without order of court and t.
act without bond. The will was exc
cuted at San Francisco on April Is
1901, in presence of Samuel ", Cowle'
and Alex F. Morrison.
| Louisa Kaaloa. widow of Edward IA
aloa. petitions that she be appointe,
guardian of her minor children. Ma,
and Edward. They have property II
Pauoa for which the Territory OF Ha
waii offers s1151 and she consider
/ this fair and reasonable valuation
The money is needed for maintenance,
and education of the children.
David Dayton, guardian of Georg
Washington Hart. files his final &C
count, praying for discharge. the DO,
having come of age. His receipts ar
S1G66.94 and expenses $49610, leayinl
a balance OF $570.S4. which constitute
the entire estate The petitioner wa
originally guardian of four Hart boys
everyone of whom bore Washington
as a middle name. Three of then
came of age previously.
Return of summons was made yes
terday in the suit of James W. BERG
strom VS.. j. @. Wood in equity. It i
q bin in equity to cancel promissor.
note and for an Injunction The plain
tiff authorized defendant to buy 2
shares of waia1ua paidup stock at $50
a share, and on May 20. 1899 CAV,
hhim q note for $4,000 with interest a
s per cent. per annum in payment o
the stock, together with FIVE shares O
Waialua assessable stock and Il
| shares of Bergstrom Music Co. whicl
plaintiff delivered TO defendant as col
lateral security he does not believ'
that Wood ever bought the stock
His suspicion was first aroused OF
being notified OF assessments due upor
other than the Waialua assessabl.
stock he had turned in as collateral
Investigation showed him that on Ma,
20, 1893. WaialHa paidnp stock wa
rated az 1872 1-2 on the Honolulu Stool
Exchange and assessahIe at 105 bis
to 107 IL asked He had paid inter
est on the note 10 the Hawaiian Trasf
and Investment Co. the DEFENDANT
agent. up to November 20. 1900. Ths
plaintiff wrote 10 Wood demandins
the return and cancellation OF the not
and OF the collateral security. II wa.
ION April % that he received an snswei
refusing the demand An iniunctio.
is prayed for to restrain the defendan
from transferring the note or ofhe.
securities 20 third parties.