The Hawaiian gazette., 1901-04-30
YESTERDAYS
COURT NEWS

! The trial of George f. Lee for as
sault and battery upon the person of a
sailor on the high seas began ycstcr-
day morning in the Federal Court. AZ
ter an hour and a half the following
jury was drafted E. r. Adams. o. G.
Traphagen, w. l.. Eaton. II. Klem.ne,
Duke McNichol E. C. Rowe, L. c..
Ables, c. B. st. Sayres, ]. K. Merse-
berg, ]. H. 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 4:3O p. m. the case went to
the jury, and verdict of not guilty
was returned.
$155, 900, JUDGMENT.
The First Judge of the First Circuit
Court yesterday rendered a judgment in
equity against the defendants in the case
of Harvey r. Hitchcock ct al. VS.. Frank
Hustace ct al. for a total of $155,0OO and
$780, 900 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-
denCe taken on hearing of said cause
this Court doth declare and adjudge that
the said defendants, Frank Hustace, John
j. Egan, Frank II. 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 a Hawaiian corpora
ton, out of the sum of $4,000 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 $50 and of the aggregate value
of s12O,OOO 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 $4,000 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 j. Egan and Frank
ii. Foster, within ten days after date of
this decree, pay into this court to the
clerk thereof the said sum of 5000, to-
sether with the interest thereon at the
rate of per cent per annum from the
date of this decree, to be paid to the
Sugar Company, Limited or So
icitors of record. and that they, the said
defendants, transfer to the said Kamalo
Sugar Company, Limited, within the ten
lays aforesaid, and deliver to the said
clerk of this court 5000 shares in the
paid up stock of said corporation, or $40
N cash for every share of stock not so
delivered, to be delivered or paid over to
he Kamalo Sugar Company, Limited or
is solicitors of record. And this Court
10th further order adjudge and decree
hat the said defendants do pay the costs
If this suit to be taxed by the clerk.
And this Court doth further order.
100 be allowed and paid TO plaintiffs
counsel in this suit for their services,
~ the said defendant corporation, the
<amalo Sugar Company, Limited. and
hat the said $4,000 be anu hereby Is de-
Jared 10 be a charge upon the said sum
" Sl55,OOO decreed and adjudged to be
'aid In this suit by the said defendants"
PROBATE.
The petition OF w. O. Smith, admins
rator of the estate OF Louise j. Bindt.
or allowance of accounts and discharge
anne on to be heard in the First Cir
uit Court yesterday before the First ,
udge. Upon hearing the Court ordered ,
he accounts allowed and the administra- '
or discharged. I.
The petition OF Carl q. Myhre. husband I, :
4 Beta Myhre. deceased, praying that
10 be appointed administrator OF the
state OF said deceased, was heard yes.
erday before the First Circuit Court
he petition was allowed and the petit
Toner appointed administrator under q
ond OF $500. an inventory 20 be filed !,
within ten days and 10 publish notice !
ccording 10 law.
In the matter OF the estate OF Maria
!, Bruins, the petition OF Meta a. suth- q
rland, daughter OF deceased, praying II
bat the Nil OF said deceased De admit, q
Vi 60 probate and that she be appointed J
AecutriK under such will came on 20 DO b
card Yesterday morning. ana the Court
lloNsd the petition supulatlnH that the J
AeeutFiH should serve without bend. o