The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-15
EST[ROAYS
COURT NEWS
Plaintiff Wins in
Magoon vs..
Marx.
TRkMWAYS
DAMAGE CASE
Hitchcock vs.. Tramwdys Gem.
pany Is Now on Trial Before
First Judge.

The damage case of Hitchcock as
the Tramways Company came up be
ffore the First Judge of the First Circui
Il Court yesterday morning, George A
Il Davis appearing for the plaintiff, anC
Attorneys DE Bolt and Neumann fol
the defendant
4 The case occupied the entire day
jand was continued until this morning
The taking of evidence for the prose
IGNITION was completed, and several wit
ness for the defence had been examin-
lined when the court adjourned yester-
day morning.
/ JUDGE EDINGS' COURT.
The assumpsit case Of ]. A. Magoor
vs. Louis Marx came up before Judge
Ed3ass yesterday morning. Evidence
was taken and argument had, Magoon
id Thompson appearing for plaintiff and
George Davis for the defendant
The case went to the jury at
o'clock o. m, and after an hours DELHI
GRAFTON a verdict for the plaintiff in the
sum OF 800 was returned.
| The jurors were as follows: George
A. Howard, Jr.. Solomon D. Koki, Ho-
ratio G. Crabb, w. H. McInerny. En-
nest A. Ross, Hugh H. Waller, VIM.
B.. Rice, David T. Thrum, Ward S.
Bartlett, f. C. Helstein, Solomon Peck
and Walter A. Hardy
A motion for leave to file ahe plea to
set off, and plead the same TO the ac-
ton and that he be allowed to intro
duce evidence to sustain said plea, was
made by George A. Davis for the de-
fendant
The motion was presented and per-
mitted to be filed at the request of
counsel, after an oral motion to the
same effect had been presented and
overruled by the court, and after argu-
ment on the part OF the defendant to
the jury.
The court was then adjourned until
this morning at 10 o'clock, when the
case of Gulstan F. Ropert, trustee VS..
Sol. Kauai, eft al will be taken up, the
same being an action in ejectment,
Stewart, Hatch & Silliman for the
plaintiff and Kinney, Ballou & Me-
Clanahan and Magoon & Thompson for
defendants.
COURT NOTES
A discontinuance of the case of Leo
Lawton VS.. Charles Chillingworth has
been asked by the plaintiff, through his
attorneys, Andrews, Peters & Andrade
The plaintiff in the case of Ozaki Sho-
ten VS.. Union Assurance Company by
his attorneys. Kinney, Ballou & McClan-
ahan, has filed a discontinuance of his
action.
The case of Luika Kelinohe vs. Henry
r. Macfarlane has been continued until
next term
Summons has been returned in the
guardianship matter of Hiro Hirosa,
showingi service upon Kima Hirosa,
mother of Hiro Hirosa. The summons
was issued on petition of W. K. Azbill.
who alleges that the mother is an unfit
person to have the care of the child and
he desires to place it in the care of the
Hawaiian Orphanage at Kona. Island
of Hawaii, of which institution he is
president.
COELHO LIBEL CASE.
The plaintiff in the case of William J.
Coelho VS.. Robert Grieve Publishing Co.,
Ltd, by his attorney, Lorrin Andrews,
has moved the Court that the said cause
be continued fer the term. The motion
is based upon the pleadings and proceed
ings had and the affidavit of Lorrin An
drews filed, with the motion, which affi-
davit AYERS that the plaintiff is now
without the jurisdiction of the Court, in
the city of Buffalo, and that his testi-
mony is valuable in the trial of the case,
being to the effect that the defendant
corporation did. on November Z, 1900
compose and cause to be published In
the Honolulu Republican certain false,
scandalous and defamatory libel concern
ing the plaintiff, meaning to thereby dis
grace and maliciously intending to there
by injure the said plaintiff, all to the
damage of plaintiff in the sum of $4,000
The affidavit ayers that the said VII
liam ]. Coelho is the only witness that |
can testify to all the facts set forth, |
and that the trial cannot safely to
plaintiffs interests be proceeded with in
the absence Of said witness.
DoDD ESTATE. !
In the matter of the estate of James
firrning of sale of leasehold estate has |
been filed by Robert M. Cathcart, the I
executor of the Dodd Estate.
Petitioner shows that in pursuance of I
an order of Court under date of April |
IL, 1901, he proceeded to sell a certain |
specified leasehold upon the Beach road |
property. Waikiki, of the estate of Jas. /
Dodd, deceased, receiving cash therefor |
from L. C. Ables to the amount of ST. I
$50; charges for publication of notice, /
posters and auctioneer fees. certified by |
vouchers, are iteHiized, MAKING
a total of $S4.90 which sum, deducted |
from the proceeds of sale, leaves a net |
balance of s., $3.50.
The affidavit of James F. Morgan, auc- |
tioneer, is filed with the petition.
RICHARDSON ESTATE.
William o. Smith has petitioned for |
letters of administration de bonis non |
in the matter of the estate of George E. |
Richardson, deceased, showing that aft |
er his due discharge on May Is, 1895, |
from the duties of executor in said es- |
tate it was discovered that there is an |
account in the Hawaiian Postal Savings |
Bank of Honolulu with said George
Richardson, Circuit Judge, Maui, trustee
for Keiiiaa, amounting at me present |
time to .s599.9o that under the present |