The Hawaiian gazette., 1901-12-06
ORDER
IS MADE
Block
May Yet Be
Sold.

Just prior to his departure on the Ala
media. Judge Gear made n decision in the |
case of the Kapiolani Estate VS.. Charles ,
Desky, giving judgment for the plaintiff
in the sum of $4,000, and the order car
res with it the sale of the Progress block !
If the judgment Is not satisfied. The or |
der was made by Judge Gear on the |
steamer, and in the hurry of the moment |
the title of the order read Orpheum Com
pany, Ltd. vs.. Chas S. Desky, but which |
was afterwards corrected by Judge Hum !
phreys. The decision fled by Judge |
Gear says:
Upon the facts proven in this case. 1
find that the amount of principal, 1000
with interest thereon, is now due and
unpaid, and that plaintiff is entitled to a
decree of foreclosure for said sum of $685.
600. with interest there at seven per cent
per annum from the date of the mort
gage, together with the sum of $500. to
be added to principal for premium paid
by the plaintiff for insurance, together
with "a fee of $50 gold coin of the United
States, which Is hereby allowed to plain
tiff as and for a counsel fee. together
with costs of court. Let Judgment be en-
tered accordingly, and in case of sale of
said mortgaged premises be necessary in
order to collect said sums, all costs of
foreclosure to be added to the Judgment.
Let decree be entered accordingly.
GEAR, Judge.
CARTER DID NOT APPEAR.
When the case of VIM. Kolo Rathburn
was called IN Circuit Court yesterday
morning, A. Il. Carter, the principal wit
ness for the prosecution, was not pres
cnt. Rathburn was indicted on a charge
of perjury alleged to nave been com
mitted before the grand jury during the
hearing of the case against Carter for
shooting him.
Deputy Attorney General Cathcart stat
ed that the subpoena had not been serv-
ed. before Tuesday, because DIR. Carter
agreed 10 come upon notification by tele-
phone. He asked n continuance until
Monday, but Mr.. Robertson, appearing
for defendant, objected, on the ground
that there had already been several con-
tinuances He said that he understood
that Carter had declined to come.
Judge Humphreys granted the motion
for continuance, but stated that he
could not consider the service of court
order by telephone the correct method
for giving legal notice. This Court has
repeatedly held he said, that tele-
phones may not be used for such a pur-
pose. 1t is not adapted to the transmits
sion Of court processes or orders. and as
the telephone and other electrical appli
anCes are at present conducted in these
Islands, it cannot be Said to be success
full fer that purpose. This Court will not
conduct business by telephone This is a
distance of thirty miles and the tele-
phone may have been out of order, or
the man away or possibly he may have
misunderstood the order, even if there.
The return on this subpoena shows that
it was not served until yesterday even
ing and 1t would have been impossible
for him to have come into court at that
time from his home"
! Robertson's application for the allow
ance of expenses to the witnesses for the
defendant was also denied, the Court
holding that he was not authorized I'M
der the statute to make such an order,
even though it worked a great hardship
on the poor witnesses. The case was set
for Monday, and an attachment issued
Cor DR.. Carter.
! HELD FOR ASSAULT.
The hearing of the complaint made by
Mrs. kamakee against Harry Juen, Will
liam Savidge and j. II. Schnack was held
during the noon recess by the Court.
This is the same case dismissed a few
days ago by Judge Wilcox growing out
of the forcible ejectment of the COM
planning witness by the three defendants.
The Circuit Court, after hearing the evil
dence for the prosecution, ordered the
three men committed upon a charge of
assault and battery, fixing the cash bond
at one hundred dollars in each instance.
The hearing was set for next Wcdnes-
day.
ARRAlAL WANTS \ DIVORCE.
j. j. Arraial has filed In the Circuit
Court a divorce suit against Guilhermina
, j. Arraial, alleging desertion as ground
. for his action. The hbellant sets forth
In his petition that he was married to
libellce on June 10, 1888, and that there is
a son aged six years now in the custody
OF the wife. The libellant alleges:
That the libellce, shortly after her
marriage to lbellant, commenced to de.
sert his bed and board and to lead a rep
rehens. bio life. until finally on or about
October. 1896 she wilfully and utterly
deserted iibellant. That said libellant
procured the legal means to compel libel.
' lees return TO him, but that she refuses
50 TO do and that since said desertior
lihellant is Informed that libelCe has beer
living a disreputable life and keeping tn,
company Of disreputable women.
, That libcilant believes 'ibellee is an
unfit person to have the control manage
ment and. education Of said child, and
has no means of supporting the same
That libollant is a steady worker and
intends tc provide for said child Thai
libelant has at all times been. and still
is, dutiful husband ana kind father"
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