The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-05
DULL DAY
IN COURT
Grand Jury Charged by
Circuit Judge.
MACFARLANE WAS MISSING
Winter Estate InsoIyent--T ssta Wore
His Coat and a Boutonniere
Yesterday.

I The second Grand Jury for Oahu met
yesterday morning in the Circuit Court
and listened to charge read by the
First Circuit Judge. The jury's foreman
lis E. Faxon Bishop and its other mem
bers, Samuel B. Rose James G. Spen-
Ger, Charles J. Campbell, David K. Una
j una, John D. Holt, Jr., Samuel Nowlein,
\ Abraham Fernandez, Thomas j. King.
Howard A Parmalee, Arthur L. Soule,
John S. Low and William Aud.
John Ena was excused on account Of
illness and Frank Brown, Frederick j.
Lowrey, A. B. Wood, S. NJ. Spencer, c.
~ Mccarthy, E. D. Tenney, Ed Towse,
Mamie Phillips and James F. Morgan
for business reasons. The charge was
lengthy and rambling and mostly on
subjects outside the judges jurisdiction.
Municipal government was urged, police
linformers were denounced. and the Board
of Health and the police department
held accountable for Iwilei.
| The jury was instructed to examine the
Insane Asylum and to investigate the
need of resident physician The Terri
W
ton, as also the Reform School.
/ MACFARLANE IN JEOPARDY.
Clarence W. Macfarlane failed to APP
pear in court as one of the twenty-four
Grand Jurors impannelled for the Febru-
airy term. When the Judge opened his
charge the Grand Jury was one man
short. Without delay the Judge ordered
the clerk to make out bench warrant
directed to the High Sheriff of the Terri
/ tory, to arrest Clarence Macfarlane The
clerk issued the following:
/ Clarence W. Macfarlane having been
duly summoned to appear at 10 o'clock
a. M this day as a Grand Juror in this
court at its present February term, 1901,
and having neglected and refused to obey
said summons and appear as aforesaid,
You are hereby commanded forthwith
to arrest said Clarence w. Macfarlane
and to bring him before said Circuit
Court at the February term now being
held at Honolulu"
public highways, found the truant juror,
and made notation on the warrant to the
i effect that he had been found at 1870
O'Clock a. m No punishment has as yet
been imposed
WINTER ESTATE INSOLvENT
B. L. Marx, administrator of the estate
of j. w. Winter, deceased has brought
suit against Phoebe a. Parmalee, invoiv-
ing thirty shares Of the stock of the Hol-
lister Drug Company, Limited, of which
the decedent was the late secretary. The
administrator says the estate of J. w.
Winter is insolvent and it is necessary
Ito realize on all the assets of said estate
for the purpose of paying the debts of
Isaid deceased, unsecured claims amount
ling to over 5000 having been filed with
and allowed by plaintiff. The administra-
q nd d.
ant being parties to question of differ
.ence which might be the subject of a CIV
il action, have agreed upon a submission
lof facts. The deceased on February. IL.
1894, being a stoekholder in the HOLSTER
Drug Company. Limited. signed prom
lissory note payable to the company, and
deposited Herewith, as collateral secur-
lity, thirty shares of the company stock.
The note was assigned and said collater-
al security delivered to the defendant.
Phoebe A. Parmalee. No transfer or
record of the pledge has been made on
the books of the company. The plaintiff
lclaims the failure of the defendant to
make transfer or note the pledge of
said shares, defeats defendants claim as
Ia secured creditor as against the unse-
Icured creditors of the decedent, and that
plaintiff is entitled to the possession OF
lsaid shares of stock as aeeets of the es-
tate and 70 sell the same for the benefit
Iof all the creditors.
| Defendant claims the legal title to the
said shares and asserts first lien and
tcharge upon the same and the right to
sell them and apply the proceeds to the
payment of her claim renting the ball
ance, if any, to the plaintiff. The PROM
issory note was for the sum of 5000
with interest at the rate of one-half per
cent per month.
TESLA AND HIS COAT.
~ he iI,dpaS IawyarS Jurors and
spectators had filed out of the Circuit
Court room yesterday morning after
hearing the reading of the Judges
charge to the Grand Jury, a card was
ipicked up from a table on which was
printed the name of weIl-known at
torney and campaign orator. On the re-
verse side appeared the following nota-
ton: Get on to Tesla, not only with a
Coat on, but with buttonhole bouquet"
1t was true. The Independent editor
twas arrayed in the glory of cutaway
coat, a fragrant mass of flowers rested
upon it's lapel and he wore a beaming
smile as well.
COURT NOTES
j. A Thompson, master, has filed his
report in the matter of the estate of On
Kee. late of Hilo, Hawaii, but who died
in China He sets forth that George Ro-
dick, upon the application of H. Hack
! field & Co., was appointed temporary ad-
ministrator on April Z, 1898. and a bond
for $1,000 filed. He was appointed later
as regular administrator. The total
amount received was S1.166.90. cash real
lied from sales of merchandise at Hilo.
The same amount was paid out.
George Lucas, clerk of the Supreme
-lCourt, has filed certificates of Judgment
in the following cases, in accordance
with recent decisions of the Supreme
Court: Theo. F. Lansing, Treasurer OF
the Territory of Hawaii. VS.. Theo. ID
Davies & Co., Judgment for defendant
declaring sections 764 to 76S inclusive, o.
the Penal Laws of 1897, are unconstitu
,. tional; and the Puma Sugar Company VS.
the Government of the Territory of Ha
waii judgment for plaintiff. declaring
sections 1871, 1913 and 1913 of the Pena
Laws 1897, are unconstitutional