The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-30

GIVEN $155,OOO
JUDGMENT
George E. Lee Tried and Found
Not Guilty by Jury In
Federal Court.

1He lIldl OI george Il. Lee IOr as
sault and battery upon the person of
sailor on the high seas began yester-
day morning in the Federal Court At
ter an hour and half the following
jury was drafted: E. r. Adams, o. G..
Traphagen, w. L. Eaton H. Klem-ne,
Duke McNichol. E. c. Rowe, L. C.
Ables, c. b. ST. Sayres. ]. K. Merse-
berg, j. II. Sizzling. H. c. Vida and
t. E. Wall. Attorney Dunno assisted
United States District Attorney Baird
in the prosecution and Andrews, Peters
and Andrade represented the defend
ants. At 4:30 p. m. the case went to
the jury, and a verdict of not guilty
was returned.
s155.000 JUDGMENT.
The First Judge of the First Circuit
Court yesterday rendered judgment in
equity against the defendants in the case
of Harvey R. Hitchcock ct al. VS.. Frank
Hustace ct al. for total of s155,0O0 and
$40 600 attorney fees. the defendants to
pay the amount of the Judgment within
ten days. George A. Davis, Paul Neu-
mann, w. A. Henshall and Magoon and
Thompson were attorneys for the plain
tiffs and Robertson and Wilder, Fred. w.
Hankey and Kinney, Ballou and McClan-
ahan for the defendants.
The decree is in part as follows:
Having read the pleadings and the ev-
idence taken on hearing of said cause,
this Court doth declare and adjudge that
the said defendants, Frank Hustace, John
]. Egan, Frank H. Foster. did unlawfully
combine, conspire and confederate and
agree together to cheat and defraud the
stockholders of the Kamalo Sugar Com
pany, Limited, and the Kamalo Sugar
Company, Limited, Hawaiian corpora
ton, out of the sum of $35, 900 in cash
and 5000 shares of the paid UP stock of
the said Kamalo Sugar Company, Limit
ed, as alleged and charged In the plain
tiff's bill on file in this suit; and this
Court doth further adjudge and find that
in pursuance thereof they, the said Frank
Hustace, John J. Egan and Frank H.
Foster, did unlawfully cheat and defraud
the said stockholders of the said Kama
10 Sugar Company, Limited, out of the
sum of $4,000 and 5000 shares of said
paid up stock, which shares the Court
doth find and adjudge were each of the
value of $40 and of the aggregate value
OF $4,000 at the date of the conversion
thereof by said defendants, and did ap-
propriate and convert the said sum of
money and the said paid up stock to
their own use, as alleged and charged
in the plaintiffs bill on file in this suit;
and this Court doth further declare and
so decree that the appropriation and con-
version of the said sum of $4,000 and the
said 5000 shares of paid up stock by the
said defendants was fraudulent and void
and that notwithstanding such appro-
priation and conversion that the said
sum of $685. and the said 5000 shares
OF paid up stock was and is in equity
the property of the said Kamalo Sugar
Company, Limited. and this Court doth
order and decree that the defendants,
Frank Hustice, John ]. Egan and Frank
H. Foster, within ten days after date OF
this decree pay into this court to the
clerk thereof the said sum of $4,000, to-
gether with the interest thereon at the
rate of s per cent per annum from the
date of this decree, to be paid to the
Kamalo Sugar Company. Limited, or So
licitors of record, and that they, the said
defendants, transfer to the said Kamalo
Sugar Company Limited. within the ter
days aforesaid, and deliver to the said
clerk of this court 5000 shares III the
paid up stock of said corporation, or 81
| in cash for every share of stock not sc
delivered, to be delivered or paid over tc
the Kamalo Sugar Company, Limited, Of
! its solicitors of record. And this Cour1
doth further order. adjudge and decree
that the said defendants do pay the cost:
! of this suit to be taxed by the clerk.
"And this Court doth further order
adjudge and decree that the sum of $40,
| 600 be allowed and paid to plaintiffs
| counsel in this suit for their services
! by the said defendant corporation, tn
Kamalo Sugar Company, Limited, ant
that the said $4,000 be ana hereby is de
clared to be a charge upon the said sun
of $685. 600 decreed and adjudged to b
- -asd dsafa a n
COURT NOTES.
The case of Antonio J. Lopez VS.. Man
uel Comes Honerico, in which judgmen
was rendered against the plaintiff 10
s355 costs, motion for non-suit having
been sustained was filed by the plaintiff
through his attorney. Andrews, Peter
and Andrade are attorneys for the plain
tiff.
An order approving the accounts an
ordering the discharge of the admins
traitor was yesterday made In the estat
of On Kee, George Rodiek being the al
| ministrator.
MORE NEW LAWYERS.
II. P Haiola, native Of Hawaii, ha
filed a petition for a license to practic
law before the District Courts. the peti
ton being endorsed by eleven attorney.
He will be examined this morning as t
his qualifications.
John T. Brown and William Mossmar
Jr.. were granted licenses and took thei
oath. Both the latter are members c
the Legislature.
PROBATE.
The petition of w. o. Smith. admins
traitor OF the estate of Louise j. Bind
for allowance of accounts and dischare
came on to be heard In the First Gu
cult Court yesterday before the Frs
Judge Upon hearing the Court oroere
|. the accounts allowed and the administrs
tor discharged.
The petition of Carl G. Myhre. husban
of Beta Myhre deceased, praying ths
he be appointed administrator OF II
!. estate of said deceased. was heard We:
6 terday before the First Circuit Cour
THE petition was allowed and the pet