The Hawaiian gazette., 1901-10-25
JURY WANTS
TO KNOW
HaWaiianM MARRIAGE
Laws Bother
Them.
(From Thursdays daiiy.)

The case OF Kaplolani Estate VS.. r.
Peck & Co. was submitted to the jury
shortly before o'clock last evening. The
arguments were presented Immediately
upon the opening of court at / O'Clock,
J. T. DeBolt and W. A. Kinney arguing
the case for defendant and plaintiff re-
spectively. The court instructed the jury
as to the law, and they were immediate
ly sent to the jury room. At o'clock
no agreement having been reached, the
jury was called into the court room and
instructed to refrain from discussing the
case while at dinner. They were then
sent out in charge of Bailiff Ellis. who
returned with them at 730, and delibera-
tions were resumed
At o'clock the jury asked to be called
into court, whsreupon Foreman Austin
requested that the Instructions of the
court as to what constitutes a legal mar
riage be repeated. Judge Gear complied
with the request, and then Austin asked
If the sape law was In force in Hawaii
as in California, Iowa and New York
relative to common law marriages. The
court replied that II was not, a marriage
certificate and ceremony is necessary
here. but the records themselves need not
be introduced in evidence.
Juror Jones wanted to know that If in
California, when Il man deserted his wife
for number of years, he could come
back and claim his wife again.
Judge Gear remarked that the question
had nothing to do with the present case
The juror replied that he was aware Of
that. but was curious. CThe jury had
evidently been discussing the question:
The court promised to cnliEhten the
jurymen at the conclusion of the case
Then Austin wanted to know II the jury
should take into consideration the evil
dence in the Cummings case. in which,
he said. witnesses testified positively as
TO the marriage.
The court said that the jury was to
Judge the evidence. and the jurymen
were sent into their room again.
At II o'clock the jury was sent to the
Hawaiian Hotel to spend the night,
The probabilities are that no agreement
will be reached, at least during the
night.
oRPliEUM WILL BE SOLD.
Judge Gear made an order yesterday
for the sale of the Orphcum theatcr. to
be held November 10th This order was
made in the case of Desky VS.. The Or
pheum Co. the Supreme Court having
remanded the matter to the lower court
Tor further action, with an order that the
date of sale in the decree be changed
Mr.. Ballou asked that the sale of the
place be postponed until negotiations now
III pTOBrt'sS may De completed. lie stated
that the Orpheum theater of San Fran
cisco was figuring on including the Hon
olulu play house in its circuit. and he
asked for time to communicate with
these parties, as he thought the money
could be raised to pay Off the mortgage
Mr.. Silliman asked that the date of sale
be fixed for a week from next Saturday.
and Mr.. Ballou requested that the order
be held in allegiance for short time. The
4.
of the property for Saturday, November
18th.
GRAND JURY REPORTS
The grand jury made "A partial report
yesterday, returning but one indictment.
final report will be made this morn,
ing. and ii is being awaited with much
interest. Yesterday the grand jury sum
moned before 1t several legislators, which
gave rise to many sensational rumors.
The true bin returned yesterday was
against Albert Greck, who was charged
with the horrible crime of stealing sun
dry kegs of beer. The rcpor; of the Jury
a-d not state the final disposition of the
aforesaid product, nor did 1t explain
what connection the recent visit of the
jury to the brewery, on hot day, had
with the crime alleged in the indct>
ment
ANOTHER JURY TRIAL.
Before the jury case of kapiolani Es-
tate VS.. Peck 4 Co. was taken up yes
terday, Judge Gear ordered a jury drawn
in the case of John Ii Estate Ltd. vs.. X.
kahine Mele. ejectment. The following
jury was secured: Henry Juen, j. r. Ed
wards, Lawrence IL. Dee, T.. Buffandeau,
Geo. F, KlueGel, Fred Angus, Jas. r.
Shaw. Samuel Mania, Vincent Fernandez
w. r. Heilborn, Ernest Thrum and Jas.
II. Cockett. Various deeds and records
We're introduced in evidence, and one wit
ness was examined
COURT NOTES.
An order to correct an error in the title
of the real estate of the Pestana estate
sold recently, was filed yesterday
An amended complaint has been filed
in the case of VIM, +. Jocher VS.. Carl II.
Patzig, suit on foreclosure of mortgage
on note for $500. 90 ..t
Judgment was found for plaintiff for
So and costs In the case of 7. b. Muir
ray VS.. b. +. White, by Judge Gear yes
terday. This was a suit for bill for car
rage repairs, the defendant putting in
counter claim. The court holds: "De-
fendant has not satisfied the court that
he has counter claim against plain
tin. He cannot now set up such claim
with success where IL is shown that he
did not make the claim prior to the suit
being brought"