The Hawaiian gazette., 1901-04-30
COURTS NOTES.
(From Saturdays dailyD

The United States District Court was
occupied all day yesterday with the
! continued trial of Captain +. o. Sod
ergren and Nelson Stuart. Argument
was completed at 1880 p. m, and Judge
Estee then read his instructions to the
/ jury. At o'clock the jury brought In
a verdict of guilty as charged with a
recommendation to the mercy of the
court.
I Messrs. Kinney Ballou * McClana-
han and II. A. Bigelow, attorneys for
the defendants, noted exceptions. and
gave notice of appeal. and Judge Estee
ordered the defendants 10 DE held in
, custody pending the perfecting of the
appeal. ]. j. Dunno assisted United
States District Attorney Baird in the
prosecution of the case.
Thomas Metcalf has brought suit
against Antoine j. Lopez in the Circuit
Court to recover land in Manoa VAL
ley valued at $4,000.
The plaintiff states that he is the
grandson of Theophilus Metcalf, de-
ceased, who by his will devised among
other property a lot of land situated
in Manoa Valley, by provision In the
will which reads as follows:
Il do give and bequeath all the real
estate Of which l may be possessed on
the Island of Oahu, together with all
the furniture and my library at my
residence in Manoa Valley, and all the
may at the time of my decease be In
use at my residence, unto my son
Frank, to have and to hold during his
natural life. That If my son
shall decease, leaving lawfully pegot-
ten children, then the property so be-
queathed shall be equally divided be-
tween my daughters Helen and Julia,
should they both survive him, or the
survivor of either of them, it being,
however, understood that if either of
them shall have deceased previously to
the decease Of my son, leaving lawful
ly born children, the said children
shall take their mothers share by
representation"
The plaintiff is the only child law
fully begotten of Frank Metcalf, and
as such became the owner of the Ma
noa land. On November /, 1897, plain
tiff made certain deed of grant, bar
gain and sale to the respondent Lo-
pei, for the consideration or 800,
whereby the land, containing 16 43-10O
acres, and on November 1, 1897, the
800 was received.
On the dates mentioned plaintiff was
between seventeen and eighteen years
of age, and under guardianship, David
Dayton being his guardian. Plaintiff
attained his majority on January 10,
1901, and on April 8, 1901, he notified
the respondent by written notice, as
follows:
ION August l. 1897, during my mi
nority, / made conveyance to you at
the request of my father, of Royal Pat
ent 11s, in Manoa Valley.
Having now attained the age OF ma
jority, / hereby give you notice that
repudiate the sale then and there
made, and that upon calling at the
office of Paul Neumann you will be
paid the sum Of 500, that having been
the consideration for said deed of con-
veyance, with legal interest from Au-
I 7 cl I'm,
deed of the land in question upon such
payment being made you. In the event
of your refusal to accept said money,
proceedings will be instituted In court
to enforce my claim for reconveyance."
The value of the land exceeds IS 900.
The respondent has refused to make
reconveyance. The plaintiff is ready
to pay over the $780, and more, as the
court directs.
The plaintiff claims the acts and do
inrs of respondent are contrary to
equity and good conscience, and tend
to the manifest wrong, injury and OPP
preston of the plaintiff.
Antoine Bright has filed suit in the
Circuit Court against Prince David
Kawananakoa to recover the sum OF
$3.50 for seventeen months work done
and labor performed by plaintiff for
defendant at the latter's special in
stance and request. said work and la
Dor having been done and performed
from, on or about June "a, 1899. to Feb
ruary 2. 1901.
The work referred 70 consisted in the
management and looking after certain
lands interests and stock belonging to
the Prince. In which the latter was
concerned as part owner, The agree
ment To have the work done was ver-
hal. and was to he done al the rate of
s5n n month. Bright claims the de-
PENDANT refuses to pay the amount