The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-01
NEWS OF
THE COURTS
Two Decisions Of
the Supreme
Court.
ISAFFREY
PLEAD GUILTY
The North Kona Land Case and
Alma Estate PiIikia
Decided.

ne went on BOARD the schooner Admiral
with warrant Of arrest for Michael
Swan, a burly negro sailor, charged
with assault and battery.
/ The negro is a Brazilian, and accord
ing to the reports of all on board, made
things extremely lively on the good
ship Admiral during the voyage en-
route to this port. In a furious tenn
per he assaulted the first mate and
beat him nearly to death, and then,
turning on the captain, attempted to
Kill him. He was put in irons and
kept there during the remainder of the
voyage. and although the irons rusted
There was no one on board who would
undertake to change them. so vicious
land ugly was the temper of the black
imam.
Mr. Hendry was warned that 1t
would be dangerous to attempt to ar
rest the negro without assistance but
pinning his faith to Smith & Wes-
lson sig-shooter and the more gentle per-
lsuasion of q pocketful of good cigars,
the chief deputy marshal boarded the
tschooner and approached the prisoner.
At first the Brazilian was not gracious,
but the officer, after asking him IL he
would not like to go ashore introduced
himself and gently informed him that
he had a warrant for his arrest, ask
ing him to accompany him from the
tschooner. This the negro did, as meek
~ as a lamb. and when at the gang
lplank the officer took a General Ar
thur cigar from his pocket, lit it. and
Iproffered it to the black man, the ships
officers and crew stood in wide-eyed
and open-mouthed establishment
watching the two as they departed
Ipeaceably together, enjoying their ev-
ening smokes.
Swan was arraigned at the Federal
Court yesterday morning, and the court
appointed T. McCants Stewart to act
as his attorney. The attorney how
lever, refused to accept the appoint
ment. and Judge Estee will appoint
someone to defend the negro later.
DECISION IN HUI LAND CASE.
A unanimous opinion was given by the
Supreme Court yesterday in the case of
Hawaii Land Company. Limited. VS.. Net
tie L. Scott, appeal from the District
Court of North Kona, Hawaii The
opinion was written by Justice Perry.
Summary possession was claimed by
the plaintiff of six shares in the COM
pany land of Holuaioa l and 2, the COM
plant setting out that the premises were
held by the defendant unlawfuIly and
against the rights of plaintiff 1t was
alleged that defendant held the shares
by virtue of lease between D. Kahao
attorney in fact for 8. II. Peters, and
the defendant.
A demurrer. was filed on the ground
that the complaint did not state facts
sufficient to constitute cause of action.
The defendant also filed plea disputing
the Courts Jurisdiction. Both the plea
and demurrer were oyerruled and judg-
/ q he so
the defendant.
An appeal was t-ken to the Supreme
Court on points of law, one point being
= that the magistrate erred in admitting
evidence to established facts not alleged
in the complaint. 1t was also raised
that where documentary evidence was
taken by copy, the magistrate erred in
admitting such evidence without identif-
cation on certificate that it was correct
copy.
1t is held by the Supreme Court that
the demurrer should have been sustain
ed, holding that the declaration was de-
fective in specified particulars. The SUI
preme Court finds that the demurrer as
to its allegations of the insufficiency o.
facts in the complaint and of lack OF
Jurisdiction, should have been sustained
The case is remanded to the District
Court for such further proceedings as
may be proper under the opinion given
|
I'm the declaration in an action to re-
cover summary possession of land
brought under sections 1919 and 1850 OF
the Civil Laws, it is necessary to allege
that the relation of landlord and tenant
exists or has existed between the par
ties, how such tenancy was created
whether by lease or by parole, and how
1t terminated, whether by afflux Of time
or by reason of a forfeiture or by a stat.
IItory notice to quit -
Andrews and Peters and Andrade were
attorneys for defendant and Achi and
Johnson for the plaintiff.
DECISION IN ALMA ESTATE,
The Supreme Court has rendered decf
sion In the matter of the disaIlowance o.
administrator fees in the estate Of All
ma, deceased. In this case J. A Magoon
the administrator, appealed from thu
Judgment of the First Circuit Court II
probate, whereby the item of s243 credit
ed by the said administrator in his &C.
counts as filed against himself as com
missions, for which no vouchers wer'
fled, was ordered disallowed, and TIT
sum ordered to be credited to the estate
] also that the administrator be charged
with SIS as masters fees"
1t was contended by the attorneys O.
/ the applicant that courts of probate hav'
no right to disallow the COMMISSIONS o
an administrator in cases of nal-admin
1 istration or of failure to perform TIT
trust.
The Supreme Court, in an opinion b,
Judge Perry, held as follows:
! .sUnder the circumstances Of this case
: Is the disallowance OF all the commits
siens justifiable? We think not No OBJ
iections were made to the accounts Of
exceptions taken to the masters repor
by the legatees. It is fair, then, to pre-
J. sumo that, the accounts contain a cor
s rect statement of receipts and expendi
lures. nor has any suggestion to the con
trary been made by counsel for the ap
pelfees. The master, although remark
ing upon the lack Of vouchers for tn
twelve items above referred to. does no
: find that the payments were not mad