The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-29
LAST Ulr or THE OCTOBER TERM
JUDGE GEAR WILL ALLOW BROWN
TO SEE HIS CHILDREN
EVERY TWO WEEKS.
t4oI. Estate Heport-monsarrat Finds
Facts In the case-RepIieation Of
Petitioner In sidwen case-court
Notes.

The October term Of the First Circuit
Court came to an end yesterday
William Davis, indicted by the grand
jury. charged with assault with dead
ly weapon by his attorney. 7. McCants
Stewart, makes motion for an order di-
recting the Attorney-General to furnish
him with a copy of the minutes of the
grand jury showing its proceedings when
his case was under consideration by that
body.
Davis deposes and says that he had no
examination before a committing magis-
trate preliminary TO Indictment That he
believes that his Indictment was found
upon insufficient evidence and his belief
is based on the ground that one of the
witnesses examined before the grand jury.
namely. NJ. A. Robinson. has stated that
this defendant did not fire his revolver
at the time he is charged with having
committed an assault with a deadly wea-
pom. and that deDonent cannot move upon
or plead TO the indictment found against
him without making an examination of
the minutes of the grand jury.
George Wade, indicted by the grand
jury. charged with assault with a dan
gerous weapon, making plea in bar,
shows: That more than two years have
elapsed since he was taken into custody,
and that within the two years no trial, or
examination of anv description, upon the
charge in this indictment, pretended to
haze been made, was or ever has been
presented a"ainst him until recently.
when he was committed by the grand
jury which now nretends TO present the
alleged Indictment in this cause filed
against him.
That the provisions of the laws of
Hawaii were ~ot carried out in that de
PENDANT was no aligned and prosecuted
in court of record. the only court hay-
in jurisdiction to try him for the of
tense alleged AGAINST him. and so forth.
That the failure to prosecute defendant
has operated as an acquittal of the de
PENDANT Of the charge, and he is entitled
TO an order for his discharge from Gus
tody.
William Ester. indicted for murder,
making plea at bar. moves that the indict-
ment be dismissed on the ground that on
the 25tn day of May, 1900, the defendant
was sentenced TO q term of twenty years
Imprisonment in Oahu prison upon the
verdict of the jury empaneled in the
cause.
In the case of c. s. Desky VS.. the Or
the plaintiff. yesterday filed a motion to
suppress and strike from the aft
davit of 5. NJ. Ballou in its support,
on the ground that said motion and aft
dayit constitute one paper and contain
impertinent and scandalous matters.
In the case of w. f. Hassen VS.. w.
III. Pain ct al. bill for dissolution of part
nership. defendant has filed lengthy an
swer making general and specific denial
Of al ha allauofi rnaAa in hn
plant
Formal judgment was entered in the
case of the Enterprise Mill Company VS..
]. Wallace and l.. NJ. McKeague. garni-
shee, in favor of the plaintiff for $230.T1,
which was the amount sought to be recov-
cred and interest on the same to date.
The defendant in the case of Kapiol-
ami Estate vs.. Peck x Company. has
filed an exception to the order overriding
its motion for a new trial.
In the matter of the petition of C. A.
Brown for the temporary custody of his
two sons. while his former wife. now
Mrs. Holloway is absent on the Coast
for the coming six months. decision was
rendered denying the petition. In sum-
ming up the case Judge Gear compliment
ed Mrs Holloway upon her excellent care
as being exceedingly well trained. The
petitioner desired that the children
should he allowed to reside with him at
a hotel while their mother was absent.
but the court denied this at the mothers
request. agreeing with her that hotel life
would not be TO the best interests of the
children. who are now attending school
Mrs. Holloway had provided a home for
them in her absence with a woman friend
and the court expressed approval of this
The petitioners request
TO he allowed 10 visit the children. in case
the former prayer should be denied. was
granted. and the decision named every
alternate Saturday. between the hours of
I and , y. m. as the time for the visits.
beginning with SATURDAY. November I'd.
In the case of the Kapiolani Estate
vs.. 4. s Cleghorn defendant has filed OBJ
lection to plaintiffs bill of exceptions on
the ground that the same does not set
forth the exceptions correctly as made at
the trial
Decision was given in the case of
Jas. Carly vs.. William Peterson. which
was suit on a promissory note for the
balance of the purchase price of horse
The court. in summing mp the case. stat
ed that the evidence showed that the de-
PENDANT had purchased the horse for one
Frank lsillis. paving the plaintiff so
down on the agreed price of 500 and
giving his note for the rest that be
to Liilis that he had paid
SO down. changing the receipt 70 suit
the figures The defense was haSei on
breach of warranty. and the court ruled
thar this did not hold in the case. jridg- |
-uent being given for plaintiff in the sum
81 $50.
A lengthy masters report. covering /
fve typewriter nsges was fled in the |
matter of the estate of R. w Holt J. |
NJ Moasarraf. the master was arnoint- |
u 20 report on the petition OF John |
nominis Holt and James Robinson Holt. /
md the answer thereto of r. ". Holt. /
ieceased The master simply finds the /
'aefs Of the case and makes no reenm-
rendations. concluding with the follow 1
ng: Il am satisfied from an examination /
4 the vouchers that Mr. Cartwright Sc
ualav advanced 70 ]. ID. and ]. X Holt Il
'21S1-a0 more than the smounf Of their
lef ineorse received hy BIN during the
,eried hetween Septeniher 1. 1880 and
Inne II. 1901 and | 81 reDort- These
dvanees were made AGAINST interest and
enfs due and ccIIecfRhle 81 the time az
rsnsfer Of the r. W. Holt Estate 20
r. Farfwright'x sncreSsor.