The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-03
YESTERDAYS
COURT NOTES
Solder gren Trial
Completed at
10 P. IA.
VERDICT OF
NOT GUILTY
Answer Filed in Hawaiian Com.
mercial and Sugar Com
pany Case.

w edneSday, occupied all day IN the
Federal Court yesterday, argument be-
ing heard late in the afternoon. Judge
Estee gave his instructions to the jury
at 4:3O p. m, and a verdict was re-
turned at 10 O'Clock last night, the YER
dict being not guilty
| The case of Mist VS.. Kapiolani Estate
was continued all day yesterday in the
First Circuit Court, and will be eontin-
ued today; the taking of evidence will
probably be concluded this afternoon.
COURT NOTES
Manuel Comes yesterday filed his in
junction bond in the case of Comes VS..
Cordeiro. in the sum of $3.50. with ]. D.
Marques as surety.
Michael Swan, the negro charged with
assault and battery upon the person Of
the first mate of the schooner Admiral
yesterday morning plead guilty before
Judge Estee in the United States Court
and was sentenced to three months i'm
prisonmeat in Oahu Jail.
Return of summons was made by Dep
uty Sheriff Albert McGurn yesterday in
the case of the Inter-Island Telegraph
Company VS.. Henry W. Howard showing
| service upon the OeieHudut DIS OlieCleu.
| APPEAL TAKEN.
Frank H. Hustace, ]. ]. Egan and F.
| H. Foster. defendants in the case of
/ Harvey R. Hitchcock ct al VS.. Frank
Hustace eft al, have filed a notice of APP
peal and appeal from the decree of the
First Circuit Court to the Supreme
Court Robertson & Wilder and w. S.
| Hankey are attorneys for defendant
Frank Hustace, Robertson & Wilder for
defendant j. ]. Egan, and Kinney, Ballou
& McClanahan for defendant Frank II.
! Foster.
TWO. MORE NEW ATTORNEYS.
| R. H Makekau, a member of the House
of Representatives, was yesterday ex-
amined and admitted to practice law in
/ the District Courts and before the Cir
cult Judges of the Territory at chambers
on appeal and upon taking his oath re-
ceived his license.
H. Kauaihilo was also examined, ad-
mitted and licensed.
LUCE ESTATE.
Alice Mauae Gaskell Luce yesterday
filed a pstftfen for the appointment of
a new administrator in the estate of
Mary Elizabeth Luce, deceased. The pc
tition shows that the duly appointed ad-
ministrator, William Seaborn Luce died
before filing, petition for the allowance
of final accounts and distribution and
lprays that the petitioner be appointed to
complete the duties of administration.
The estate, according to inventory, is OF
the estimated value of over S35, 600.
| Carl G.. Myhre, administrator in the
estate of Beta Myhre, deceased, yester-
day flied an inventory showing the total
of said estate to be $405 in cash on de-
post at Bishop & Co.'S bank.
SUGAR COMPANY CONTROVERSY.
An answer, has been filed by the de-
PENDANT in the case of the I4awaiian
Commercial and Sugar CompanyEs, Wal
luku Sugar Company to the Plaintiff
bill for an injunction.
;. 1t is denied that the plaintiff is the
owner in fee simple of the ahupuaa OF
Waikiki, together with its konoh1ki and
other rights. 1t is alleged, on the con-
trary, that the ahupuaa of Waikiki was
originally crown land of large extent
that the valley of the Wailuku stream
is a portion of said ahupuaa and forms
a natural basin on its westerly portion
and that the waters of said stream and
the konohiki rights concerned are ap2ur-
tenant to the land within said basin, and
TO no other portion of said ahupuaa.
1t is further alleged that while said
ahupuaa was in the possession of the
crown the business of sugar planting was
begun in said valley by various tenants
of the crown, and the waters of Wailu-
ku stream were used for irrigating the
land; thereafter Kamehameha w., one
of the sovereigns of the Kingdom, SOLD
and conveyed in various parcels all OF
the kula land suitable for cultivation In
said valley for the cultivation of sugar
cane, with the exception of twenty acres
and this defendant is now the owner OF
all of said kula land, with the excep-
lions aforesaid. The sale by the crown
%I,,o
with the right to all the water flowing
in Wailuku stream over and above the
water appurtenant to the kula lands o.
the crown and private owners. All o.
these rights, it is alleged, the defendant
and its predecessors in title have exer
cised for more than twenty years. 1t L
| admitted by the defendant that tbs
plaintiff is the owner in fee simple OF {
large portion of the ahupuaa of Wailu
ku together with certain of the konohik
rights appurtenant to such portion, but
| 1t is alleged. the portion of the ahupuat
of Waikiki owned by plaintiff does no
include any of the kula lands in the val
ley of the Wailuku stream suitable TO
cultivation.
Open. notorious, continuous and ad
verse possession of the water rights
question. without reference to the right
of the konohiki, for over thirty years, i
alleged by defendant.
Defendant alleges as a further an
separate answer, that plaintiff holds al
its claims to ownership in the ahupua
of Wailuku and appurtenant waite
rights, by and under sundry convey
ances from one Claus Spreckels and /
no other manner; that in 1894 certat
water controversy came before A. G.
: Robertson, a special commissioner OF pr
yate ways and water rights, and after
wards by appeal to the Supreme Court
Thirty-eight plaintiffs in this controve1
sv brought suit against the Wailuku ST.
;. gar Company and Claus spfeckels, de
PENDANTS. It Is alleged that the subjee
matter of the present suit and the on
referred to Is the same, and the recor
. evidence and judgments in that case al
pleaded as decisive OF all the issue