The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-21
TEMPLE
Of JUSTICE
Four Demurrers
Argued Upon
Yesterday.
SODERGREN
CASE TO-DAY
Mrs. Gertz Wanted Magoon Ar
rested for PeHury-Addressed
the Court Herself.

ooHSc Sfroi sSStSIAdS IEHuSEeu al
oral decision in the action to quiet title |
of Mossman VS.. Macfarlane ct al, Civ
ing judgment to plaintiff for an undi-
vided one-tenth of the property.
Several other matters came up for
hearing. In the two cases of Kaneohe
Ranch Company vs. Emalie Akioma ct
al, and Keeia Agricultural Company vs..
Frank Pahia, the demurrers of defend
ants were sustained and the plaintiffs
given ten days in which TO file amende d
complaints.
In the case of NJ. G. Silva VS.. j. NJ.
Vivas. defendants demurrer was over
ruled.
An oral decision was also rendered by
the court in the case of Anna Gertz VS.
J. A. Magoon ct al; the demurrer of
John Buckley was sustained and de-
cision on the demurrer of ]. A. Ma
COON was deferred until today.
! Considerable amusement was man.
fest among the lawyers present, ard
leyen traceable in the facial expression
of the court during the hearing of the
case on account of the peculiarities OF
The plaintiff, who is inclined to conduct
her own case rather than to leave II
entirely to the supervision of Mr.. Rus.
sell, her attorney The decision hal
| been rendered in the forenoon, ard
while the case of Mossman vs. Mac
4 farlane was being heard in the after
noon, Mrs. Gertz appeared in the court
room. and took seat near the door
when a favorable lull between the tes
timony and witnesses came the eccen-
i trio German woman arose from her
1 seat and advancing to a position i'm
imediately before the court, began to
address him, stating that she wished
him to have ]. A. Magoon arrested for
perjury, explaining in very rapid and
somewhat unintelligible English that
Mr. Magoen had filed conflicting afnda-
vites: as a matter of fact Mr.. Magoon
has made an error IN a matter of des-
icription in a previous affidavit, ano
lfieled a subsequent affidavit correcting
1.-THE error Mrs. Gertz, who has recently
been studying law herself. seized upon
the. to her, apparent contradiction Of
lsworn statements, and fastened to lay
THE matter before the court. Judge
lGear listened courteously for some min
lutes. then quietly suggested that Mrs.
IGertz see High Sheriff Brown in regard
to the matter of the warrant Mrs.
Gertz replied that she had already done
so. and that he had refused to assist
her: that she had visited him four
years ago, and he had refused then TO
assist her: that he was in the Republic
party" and would have nothing to do
with her, and that all the lawyers Were
= in a conspiracy and none of them would
try her case for her
Mrs Gertz is well-known character
about the courts. and frequently files
papers setting forth various grievances.
She has written letters to President
Mckinley and the United States Al
torney-General, in which she has criti-
Isized severely the members of the bar
and bench here. The present case is in
the matter of foreclosure of motgage
lin which matter Mrs. Gertz seems &c
have little or no legal rights, and fol-
that reason various attorneys have re-
fused to conduct her case.
COURT NOTES.
Magoon & Thompson. attorneys for de-
PENDANT in the case OF NJ. G. Silva vs..
]. Alfred Magoon ct al, have fled an an
swer of general denial TO the fourth and
sixth counts of plaintiffs complaint.
Jared Smith of the Government Exper-
mental Staten, Department of AgricHI-
LQTe, mas TtSVItlEStAASu AAC
Of T. F. Sedgewick as his assistant. The
recommendation was forwarded to Wash
ington by the last mail.
ADMINISTRATOR CHARGED wTTE
FRAUD.
In the matter of the estate of ]. a. ds
Silva, deceased, Antonio d'Aguar de Pal
los, on behalf Of Antonio da Silva, widow
Of deceased, has petitioned, through
Thomas Fitch. his attorney, that the let
tiers of administration granted to J. a
NJ Osario in said matter be revoked
that he be required to forthwith repor
10 and file with this court a report Of al
his proceedings as administrator and L
pay into court, for the benefit Of whom
1t may concern any and all moneys tina
have come into his hands as administra
tor; that il be adjudged that Antonio ds
Silva OF Georgetown. Demerara, British
Guiana, is the widow and sole heir o.
| decedent and that petitioner or sons
other person named by him be appointeS
in place of ]. a. N. osario, and for ''sucl
other relief as may be just and equi
table
The petitioner alleges fraud and bad
faith on the part Of said administrator
naming several instances He allege.
that said Osario, in his inventory OF tbs
Z personal estate OF deceased. stated tina
the total value Of same was SO, in fur
niture, wearing apparel, etc; whereas
said personal estate consisted of jewelry
greenhouse plants, etc, to the value
ssoG; it Is also alleged that said Osari'
.sold by deed real estate belonging TO SAT-
estate TO one Francisco da Silva for
: consideration of saooo, making no repor
]. OF same and doing the same in contriy
ing to defraud and wrong said Is
. tate. It Is also stated that osario ha
u -
ltorney sent him by the widow OF dece
dent.
The hearing Of said petition has bee
set for Friday. June 8, at $50 O'Clock, q
Judge Gears chambers.
WANTS LEASE CANCELLED.
Return OF summons has been made i
l. lea hrn,fobf hx- WI