The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-09
DIVORCE
OFF,.
The Miners Agree
To Withdraw
Action.
PLAINTIFF SAILS
FOR ENGLAND SOON
Hawaiian Commercial and Sugar
Company Answers Its
Suit.

IN oCII AII4NIllN5 III siAS 49,
vorce case on appeal of Rose
IN Miner against Frank L. Miner.
yesterday filed a discontinuance
of her libel for divorce against the
defendant in the First Circuit Court.
The defendant filed a petition asking
leave TO discontinue his appeal, stating
that said appeal had been duly perfect
ed by reason of the PLAINTIFF S discontin-
uance. By this process the decree of dl-
yorce issued out of the First Circuit
Court and now on appeal, is annulled
and the plaintiff and defendant are
man and wife as before, just as if the
divorce had never been granted. 1t will
be remembered that the defendants
appeal was taken upon exceptions per-
tanning to alimsny matters.
Hatch and Silliman represented the
plaintiff in this case The trial in the
First Circuit Court occupied three
weeks time and was sensational. Mrs.
Miner and daughter Gladys have book
ed to sail for England on March IS and
| viii be gone a long time.
| SUGAR COMPANY PILIKIA.
! A. S. Hartwell, as attorney for the de-
Ffendant in the case of the Wailuku Su-
gar Company VS.. the Hawaiian Com
mercial and Sugar Company yesterday
! filed an answer to PLAINTIFFS bin for an
| injunction restraining defendant from
obstructing the Wailuku river.
The answer in it's body admits that
the Waikiki river is a non-navigable
stream which flows through Wailuku
and that in times of ordinary height OF
water it divides into two streams just
below the Waikiki iron bridge, the two
streams flowing for short distance IN
1.-THE river bed, uniting below a hume,
known as the "Waihee' fiume, which
crosses the river. The defendant also
admits that the plaintiff has land under
1 lease from defendant, which lease eN-
piress July 81 1903, said land being en-
titled to irrigation water from said riv
! er.
| 1t is averred upon information and oe-
I lief that the plaintiff has no other land
which is watered by the north branch Of
the stream and that in times of ordi-
nary water height, the water is used to
flow in a rather narrow channel in the
said north branch of the stream, in what
the affidavit of a. N. Kepoikai terms IAN
! irrigation stream and the defendant de-
MES that otherwise the plaintiff has the
right "by prescription or by ancient Ha-
waiian custom, to irrigate the land
referred to from the stream in ques-
| tion,'' or in the exercise of such right
t'does actually take water from a small
ditch leading from the north branch of
the Wailuku stream"
Defendant admits that it built a wall
across the Waikiki river land deposited
along the same a considerable amount
of earth, stone and gravel from a tun-
mel made by defendant, and that a re-
cent freshet. carried away down stream
the greater portion of the said wall,
earth, stone and gravel" but denies that
Of caid Of mol
earth, stone or gravel remaining in said
north branch hinders or obstructs the
flow of water therein, as it has been &C
customed to flow in said irrigation
stream, or that the same or any portion
thereof carried down stream as afore-
said are or is deposited in any places
within said river whereby the same OBJ
struct the accustomed flow of water
THEREIN.
The allegation that the defendant
threatens and intends to reconstruct
said wall across the north branch of the
Waikiki stream and threatens to con-
tinue to deposit earth, stone and gravel
in the bed of said stream" is also de-
MED.
The answer refers to defendants for
mer showing of cause, and makes 1t q
part of it's answer and prays to be DIS
missed. The answer is sworn to by IL
P, Baldwin, president of the Hawaiian
Commercial and Sugar Company.
In the afternoon replication was flee
by the attorneys for the plaintiff, aver
ring that defendants answer lis untrue
uncertain and insufficient, and that il
will prove its petition to be true, certain
and sufficient
With the replication was filed an ex.
ception to the Courts order dissoy ne
the temporary Injunction, ISSUED OF
March g. and giving notice of PLAINTIFF:
intention to appeal to the Supreme Cour
n,~1a
CASE AGAINST THE QUEEN.
The defendants in the case of the Ter
ritory of Hawaii VS.. Her Majesty, Queer
Liliuokalani, and John H. Wilson. yes
terday filed a motion in the First Circui
Court to dissolve the temporary .rjunc
ton restraining defendants from carry
ing away sand from Waikiki beach. 7
notice was filed stating that the motion
would be presented before the Court q
10 o'clock this morning.
All FOO SUIT.
The attorney for the plaintiff ia til
case of Charles All Foo against tn
Scottish Union and National Insuranc
Company yesterday filed with the Firs
Circuit Court discontinuance CT IN
case.
STOLE A KEG OF SAKE.
The case of Nahinuliilii and Kanoho
two natives charged with stealing
key of sake from the schooner t>auke
ouli, came up for trial before the Juog
of the First Circuit Court yesterda
: morning. The evidence showed that III
: men had started out for good time
becoming very drunk by the swlpe
route at Iwilei. They returned to tow,
! and took in the waterfront, falling i
with convivial souls on board the Kau
7 keoul. The memories of the two Ha
/ waiians are somewhat dimmed as to aft
] er events, but key of sake was take
! from the schooner and they were al
: rested upon the charge of larceny in tn
second degree. One of the men admit
ted to officer Flint before trial that the
had stolen the sake. Both entered plea
of not guilty, Attorney Stewart appear
E. ing for Nahinuliilii and Wade Ware
Ie Thayer being appointed by the Court
n defend Kanoho. Both were found guilt
and the Court sentenced Nahinuliilii