The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-04-12
Me- VS. OF
THE COURTS
tFrom Thursdays dally1


!. Court yesterday morning Judge Hum
% phreys delivered the following address
. Gentlemen of the bar: Judge Geai
and myself have arranged that Judg,
Gear shall preside at common law trial.
i, in this court, and I shall preside a,
= chancellor and as probate Judge. Judge
2 Gear will preside during this specia
term and during the regular May term
and after the expiration OF the regular
2 May term, special terms will be called
: from time to time until the business
| upon the calendar has been disposed o..
2 Thereafter, regular terms of court Will
/ be held as provided by law and special
terms will be called as often as neccS-
sary to dispatch public business. Judge
Gear will take the jury criminal calen-
dar beginning tomorrow morning and
/ will hear at chambers appeals in miti-
cation and criminal cases in which
juries have been waived. Upon inves-
tigation we find there are no bailiffs for
the Circuit Court Of the f 7. t Judicial
Circuit. We find there IL an appropria-
ton for Supreme officer under tn =
Attorney-Generals Department, the ap-
pointment being made by the Attorney
General or the High Sheriff. There Is
no appropriation for bailffs for the
Circuit Court, but there is an appro-
priation to pay the running expenses of
the Supreme and Circuit Courts BY
virtue of the inherent power vested in
the Judges of this Court, the Judges In
tend to appoint their own bailiffs and
mot be under any obligation to either
the Attorney General or the High
Sheriff. 1t is accordingly ordered that
Chas. a. X, Hopkins be and he Is here
by appointed bailiff Of the Circuit Court
of the First Judicial Circuit, Territory
of Hawaii and his salary is hereby fix
ed at the sum of $50 per month, to be
paid out of the appropriation for run
ming expenses of the Supreme and Cir
cult Courts.
1T is further ordered that William
Sumner Ellis be and he is hereby APP
pointed bailiff of the Circuit Court of
the First Circuit and his salary is fix
ed at the sum of sS5 per month to be
paid out of the appropriation for meet
ing the running expenses OF the Su-
Ipreme and circuit Courts"
COURT NOTES.
The parties to the foreclosure of
mortgage action of locker vs.. Patzig,
| Andrade, and Charles Creighton have
filed stipulation allowing an extern
sion of ten days time in which the
defendant may plead to the complaint.
! Return of summons was yesterday
made in the cases of Anna Goetz ct al.
! VS.. j. Alfred Magoon and Antoine
| Bright vs.. David Kawananoioa ct al
! KIMBALL S. S. co. SUIT.
The defendant in the action of the
| X Steamship
Honolulu Market Company has filed
an answer to the plaintiffs complaint,
denying all the allegations contained In
such complaint. and stating that the
defendant further relies upon the de-
Tense that payment IN fun mas been
made by 1t of all accounts due from
the defendant to plaintiff.
MINER DIVORCE CASE.
The Miner divorce action. with its
many complications, yesterday made
! Its exit from the courts, through an
order of dismissal given by the judge
of the First Circuit Court. The order
Diminishing the libel is as follows:
The above entitled cause having
been remanded to this court by the SUI
preme Court of the Territory or Ha-
wall, and the decree of divorce signed
and filed in said cause in this court
on the 18th day of December, 1900, hav-
ing been reversed and plaintiff having
filed on the Sth day of March, 1901, in
this court discontnuance of her libel
| for divorce against the defendant.
Frank l.. Miner, and the COSTS IN said
action having been paid by said de-
PENDANT, it is hereby ordered, adjudged
and decreed that said libel be and is,
hereby dismissed"
DEBRIS CASE APPEAL
An appeal bond was yesterday filed
by the defendant in the debris case of
the Wailuku Sugar Company VS.. the
Hawaiian Commercial and Sugar Com
pany, In the sum of $50, the bond be-
ing signed by II. p. Baldwin. president
of the defendant corporation, and by
Joseph +. Cooke, Its treasurer, as sure
ty. The costs were paid to the clerk
and stenographer's transcript in the
case given over with request that the
appeal and all the papers in the case
be certified up by the clerk.
GRAND JURY AT WORK.
Six indictments were found by the
grand jury yesterday and presented
before Judge Estee in open court. The
Indictments We're as follows:
Against Frank O. Sodergren for as
sault upon the high seas, upon the
person of Edward Hamlin, n sailor
while said Frank o. Sodergren was
acting as captain of the American yes
sci HespeT, within the admiralty and
jurisdiction of the United States. Cap !
tain Sodergren was arrested upon war
rant, nut upon giving DOnd IN the |
sum of $4,000, with John S. Walker and /.
Henry NJ. Whitney Jr.. as sureties, was .
released, subject to daily appearance /
at the Federal Court.
Against Frank o. Sodersren and Mel .
son H. stuart. the captain and first
mate OF the American vessel Hesper,
for assault upon the person of one
Richard Carpenter, a sailor. upon the
high seas and within the admiralty
and the jurisdiction OF the United
States. Captain Sodergren also fled
n bond in this case, being I'm the sum
Of $500. and with the same sureties
Against Mike Moretta, for assault
with dangerous weapon upon Mich
nel Mutually, while ON board the Am
erlcan vessel Andrew Hicks
Against Pencil ID Day, for assault
upon customs officer Interpreter
Walter j. Doyle). Mr. Day gave bond
I'm the sum ~ 81 GOO with william
Lishman ana Thomas II. McTlghe, as
glrgtlps