The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-07-12
ANOTHER Dlf SPENT
IN EJEeTMEHT TRIAL
Judge Wilcox Talks
Law From Witness
Stand.
He GIVES THE ATTORNEY POINTS
THE DISPUTED PREMISES TAKE
IN BEACH FRONT
or AINAHAu.
he GIVES THE ATTORNEY POINTS
Thomas Fitch Moves to Strike Out
Portions of Mrs. Harris Answer
to James Loves Petition as Sc
ing scsnsalous. irrelevant. etc

The rebuttaI evidence put on by
plaintiff in the eiectment suit of Ka-
piolani Estate. Ltd, vs.. A. s. Cleg-
horn occupied all of yesterdays sit
ting of the Circuit Court. C. j.
Lyons. just before the court rose,testi-
fed regarding a survey he made of the
disputed premises in 1875. The land
contains the beach frontage of Alma
hau. Governor Cleghorn's residence
There was considerable entertain
ment afforded at the trial IL the morn
ing. District Judge Wilcox was ca.i-
ed by the plaintiff, but his evidence
proved rather unsuitable 20 that side.
Attorney MeClanahan on finding this
out proceeded to drill the police court
Solomon along the lines of q mem
Orandum the lawyer had made of
casual eonversati n with the witness
on the street.
Judge Wilcox declined TO answer 4
certain question Is being an inc1c-
petent one and when Attorney Me
Clanahan insisted the witness referred
him to the law. saying he would turn
it up for him if the attorney would
hand him the book.
Judge Gear ruled against the attor-
ney this time. but the other way
when Judge Wilcox objected to an
other question.
Thomas Fitch, attorney for petit
toner in the Love guardianship. has
addressed the following notice to ].
a. Magoon, Mrs. A. X Hart and
Magoon & Thompson her attorneys:
Take notice that prior to the hear
ing of the petition for the termina-
ton of the spenthrift trust (alIeged
to have been created by the decree
of this court on February IA. 1880 of
James Love, the said James Love by
his counsel, Thomas Fitch. will move
tbat tAfe dfne6Rndtt hgift tEnst herein be
pears aff1rmatively of record that the
decree of. February IA, 1895, appear
ing to create said trust is void, for
that the court entering the same had
no jurisdiction of the subject matter"
In the same matter Mr.. Fitch has
filed a motion to strike from the an
swer of Mrs. A. K. Hart number
of paragraphs. phrases and words. ION
the ground that the portions of sad
answer proposed to be stricken out
are scandalous and irrelevant and con-
stitute no defense to the petition of
petitioner if taken as true.
The answer in question is made
Jointly by Mrs Hart and her attor-
ney They neither admit nor deny
that the income in gross derived from
the property of petitioner has de-
creased from $2S27. so in 1896 to
1880 in 1900. and that the costs of
guardianship to petitioner for COM
missions. legal services. etc, exclu-
sive of monthly compound interest on
overdrafts charged by said guardian.
have averaged S19S per annum. but
leave petitioner to prove same" The
remainder of the answer is chiefly de-
voted to setting out that when the
petitioner was placed under guardian
ship. and until now. the petitioner was
and is under the complete influence.
domination and control of a person
of Incorporate habits and not MT
and proper person TO dominate and
control said petitioner: that after he
came under the influence of such
person he made will devising large
portion of his property 10 such per-
son. and this at the instigation and
/ request of such person; that petition
/ or has real estate in Honolulu of great
value. of which the person referred
to has repeatedly begged the guardian
TO make some disposition whereby a
large sum of ready money could be
obtained. and that petitioner has not
reformed as stated in his petition
other than by being cut of from
/ the unrestricted use of his money
J. A. Thompson. master. has fled
a report or the accounts of J NJ
+ Monsarrat. administrator of the es-
tate OF Kekipi (w). deceased He
finds them correct and recommends
their approval. The balance due the
estate is sass so.
H. ". Barth has sued the Sing
Chong Co. on q plumbing bin for $3.50
Andrews. Peters & Andrade. attor-
neys for plaintiff. use the fictitions
names OF John Dole. Richard Roe,
James Black. David Harum and
Richard Carvel in designating the
members of the defendant partner
ship.
Judge Estee in the Federal Court
yesterday released two Chinese who
had been held as unlawfully in the
country. Low Chin gave clear proof
OF being q merchant and Lee Chuck
- -.-$E.-.. 49,.