The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-09
|COURT NEWS
OF THE DAY
Atty. G. A. Davis
Roasted in
Court.
OBLITERATED
THE RECORDS
Jury Finds Verdict for Plaintiff in
Election Action of Holt
VS.. Kauhi.

Something of sensation was caused
in the First Circuit Court yesterday
morning when the judge took Attorney
George Davis to task for 'obliterating
the records" in the case of Hulse Brad
ford & Company VS.. ]. w. Jacobs. The
following was the conversation:
The court stated that complaint
had been issued in this case out of the
court to the high sheriff for service;
that the high sheriff instead of serving
the same, delivered the summons and
complaint to Mr.. G.. A. Davis at his
request Mr.. Davis, without the per-
mission of the court and without any
authority, then made several interlinea-
tons and erasures in said complaint,
which totally changed the meaning of
the same, and struck out the jurat to
the complaint taken before N. Fernan-
DEE an April &c, 1901, and added thereto
the jurat of c. F. Chilingworth, dated
May 8, 1901, and altered the order of
Judge Gear, granting an attachment
against defendant to make the order
read ''as personal arrest"
Il direct" said the court, that this
paper be taken by the clerk now, it
being a record of this court, and be
retained by him, and that the same be
stricken from the files of this court,
as having been amended and obliterat-
ed in essential particulars without any
authority and without the permission
of this court
Mr.. Davis arose and addressed the
court, stating that he had intended to
file the altered complaint as an amend
| ed complaint and then have process of
arrest made. The court responded
You had no right to amend the com
plant which was filed in this court and
which was a record of this court, and
even granting that you had such
authority, you had no author
ity to strike out the name of
judge of this court, which he had
signed to his order, and if it is ever
repeated in this court again you will
be severely dealt with"
Later in the day Mr.. Davis presented
an amended bill for the arrest of the
defendant. and the court refused to al
low the same.
In the ejectment suit of j. D. Holt, Jr.,
VS.. A. Kauhi, heard before the First
Judge of the First Circuit Court yester-
plaintiff for restitution Of the property
claimed that an undivided two-thirds Of
the land described in the complaint with
damages in the sum of s61350 The jur-
ors We're as follows: W. II. Sharp, George
A. Howard. Jr., Walter A. Harvey, Hugh
H. Walker, VIM. NJ. Cunningham, VIM.
II. Lyle, H. G.. Crabbe, Tbos. r. Lucas.
A. E. Lloyd, s. S. Keknmano, E E.
Messman and NJ. A. Gonsalves.
COURT NOTES.
In the case of Anna Gertz In her own
behalf and as executrix of the will of
Christian Gertz, deceased, vs. J. Alfred
Magoon ct al, a joinder in demurrer
has been fled by plaintiff through her
attorney, F. ]. Russell Joining issue
with defendants John Buckley and j.
Alfred Magoon, respectively, upon their
demurrers heretofore filed.
The case of Mist VS.. Kapiolani Estate
was taken up at o'clock yesterday aft
ernoon and the taking of testimony was
completed. Argument began by respect
i've counsel at o'clock in evening ses-
sion.
A judgment by default in the case of
Mrs E. A Williams, undertaken, VS..
Robert w. Wilcox was yesterday enter
ed against the defendant for s7S.25, in
the Second District Court.
Notice of motion for new trial was
yesterday filed by the defendant in the
case of Henry Smith VS.. Hamakua Mill
Company, Limited, upon the grounds
that the verdict rendered by the jury
under instructions from the Court in IA
vor of the plaintiff, was contrary to
law and the evidence and the weight of
evidence, the motion to be presented on
| Saturday, May II.
Service of the notice and motion is ac-
L. -Iedo Io,r And pffa md An
drade, attorneys for plaintiff.
PROBATE.
The last will and testament of Piiwi
/ Panaewa widow, deceased. has been i'll
| ed together with the petition of John A.
Baker, a devisee under such will, for the
probate of the same.
| The petition names as estate certain
real estate on Maunakea street between
Pauahi and Beretania streets, in Homo
lulu, of the value of $500 and personal
estate consisting of claim indemnity for
| houses destroyed by order of the Board
of Health in January, 1900 of the value
| of $500.
The will bequeaths to Paia AHA and
Kaaahu Peka Tor Baker, each the sum
! of 500 as testimonials of deep love and
regard. and all the remainder of the es-
| tate of the decedent is beQueathed In
equal parts to her nephew, Kahoi Ka-
lua and her grandson, Joane Kalulu,
after the payments of her just debts and
1 funeral expenses.
The Court ordered that Monday, June
II, at 10 o'clock a. m. be set for the
time of the hearing and proving of said
will, publication of notice to begin a.
once.
Upon the reading and fling of the peti.
ton of Agnes II. B. Judd in the matter
of the estate of Albert Francis Judd, de
ceased, it was yesterday ordered by the
First Judge of the First Circuit Court
that Monday. June II, at 10 O'Clock a. m.
be appointed as the time and place for
the hearing of such petition and thai
notice of the same be published.
Petition for the discharge of the exc
cutrix under the last will and testament
of Albert Francis Judd, deceased. was
yesterday fled by Agnes H B. Judd, sucf
executrix, who is also the sole legatet
and devisee under the will, and whC
shows that she has complied with all tn,
requirements of the law and has com