The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-16
QUIET DAY
IN COURT
ConsueIo Owners Sued
For $4,000.
MANY DEMURRERS FILED
C. K. Towt Asks $4,000 of the Kona
Sugar Company for
Damages.

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the port of Mahukona, her master will
find Chief Deputy United States Marshal
e r. Hendry awaiting him ready to
serve process against the vessel. Inc IL
bel proceedings are the outcome of sal
wage money claimed by Robert r. HIND
living at Kohala, and owner of the
steamer Upolu.
1t seems that the Consuelo was lying IN
port at Mahukona on November Is, 100
when a severe storm broke over the
vessel, and she became endangered to
such a degree that she was abandoned
lby her officers and crew, and all sought
safety on shore. Then one Frazer. who
acted as agent for the Consuelo, request
ed the captain of the Upolu to assist the
brigantine and prevent her being driven
ashore The Upolu went at once to the
scene and, making fast TO the vessel,
flowed her out TO sea and saved her from
being wrecked.
The Consuelo is of 279 tons net register
and is of great value, beng appraised al
s., 600. and in addition had on board a
valuable cargo.
For the service the owner of the Upolu
claims the sum of $1,000 and asks that the
Consuelo may be condemned and sold TO
pay the amount demanded.
Judge Estee ordered that the papers be
served at once, and the first hearing to
take place on February % in this City at
10 o'clock
TOWT SUES SUGAR COMPANY.
C. K. Towt has filed a suit in the Cir
cult Court against the Kona Sugar Com
pany Limited, asking for $4,000 damages.
In his complaint Towt states that some
time before February 10, 1900, the Kona
Sugar Company through its manager en-
tered into an agreement with him to set
aside 100 acres of plantation land for his
benefit, and upon this he expected to
plant cane and deliver it to the planta-
ton for grinding, receiving a certain per-
centage to be determined by the price of
sugar upon the market.
The plantation was also to furnish ma
chinery at the rate of So per month for
every acre, fertilizer at half price, to do
the blowing. and to take the cane off the
hands of the plaintiff. Towt AYERS that
the plantation people have not fulfilled
any part of their agreement, although he
has gone to a great deal of expense to
carry out his part. By reason of this,
Towt feels that he has suffered damage
to the extent of the sum named.
TWILIGHT REPAIRED.
In pursuance with an order made in
The United States District Court on De-
1ember q, 1888, Thomas j. Clarke, John
z. Hagiund and F. Z. Rinsch have ex-
ported that the vessel was in an unsea-
worthy condition. The Court immediate
" ordered that the necessary repairs be
made. These were at once made, and
Yesterday the Twilight was allowed TO
pr oceed upon her intended voyage upon
payment in full of all costs of review.
report and judgment.
NOTES OF THE COURTS.
a motion to amend bill of exceptions
IN the case of Rose A. Miner VS.. F. l..
Miner was filed in the Circuit Court
neys for the plaintiff. The motion will
be heard today before the First Circuit
Judge
In the estate of Katie Ellen Sims, de-
ceased, the First Circuit Judge yesterday
ordered that the costs of court deposit
ed by Mary A. Rose be returned to her
by the clerk of the court, and that the
be required to make the
necessary deposit at once with the CLERK
In the case of Harvey r. Hitchcock ct
al. VS.. Frank Hustace, the plaintiffs say
that the bell presented by them Is true
and the defendants answer is not true
The plaintiffs claim that they can sub
their statement.
The First Circuit Judge received a
Communication yesterday under date of
January H. from Judge William K
Rathburn OF Koolauloa, saying that he
was disqualified by reason of being as
SCISSOR and collector. and would there
fore be unable to try the case of one
for non-payment of personal
and cart tax for 1900. The First Circuit
Judge sent Judge A. S. Mahaulu, the
District Judge of Waialua, to hear the
case.
In the case of Nellie A. Cook VS.. Hol-
lister Drug Company, Limited, the de-
PENDANT, by its attorney Lorrin Andrews,
denies each and every allegation con-
tanned in the original complaint They
then demand that the complaint DE
dismissed with costs. ofa
In the case Of Wong Kwai VS.. Liliuo-
kaiani a motion to set a day for trial
has been filed with the Circuit Court and
will be presented to the presiding Judge
at chambers on Thursday. January II, at
10 o'clock a. m.
The defendants in the case of Jong
Chong Chau VS.. New Zealand Insurance
Company, a foreign corporation, have
filed a demurrer in the Circuit Court
praying that the case be dismissed with
costs.
Yesterday was the last day of Circuit
Court surnmonses for the February term.
ne