The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-19
DESTROYED
BY THE KING
KaIakaua Burned
Certificate Of
Marriage.
NEW MOVE IN
KAPIOLANl CASE
Motion for New Trial Is Filed
Yesterday in Hagey Cure
Casc-Court Notes.

out sensational charges yesterday, il
which the late King Kalakaua was in
volved. The defense of f. Peck &, Co.
rests upon the marriage of Okuu and
Kahoopuipui, from whom they claim
title to the land The plaintiffs are
trying to prove that there had been no
marriage between these parties, and if
this is done, the Kapiolani Estate will
obtain the title TO the land at Kalihi
which is said to be worth in the neigh
borhood of $4,000.
! The vital point in the case has been
the question of marriage between the
parties named above, and this has been
continually and relentlessly attacked by
the attorneys for the plaintiff. during
the whole course of the trial. The alb
sence of documentary proof of this MAJ
riaga on the part of the defendants has
been the most vulnerable point, ana
this was explained away in a sensa-
tional manner yesterday. In brief. King
Kalakaua was charged With having
destroyed the marriage contract which
is so badly wanted by the defendants,
and two witnesses were put on the
stand yesterday IN proof Of the fact
John Poekuhoa was the main witness
to this charge. He testified that he WAS
| present at a conference between Okuu
and King Kalakaua in the palace
yard, that the former handed to the
| king some papers, and that the latter
| IN a fit of anger tore the papers in three
| parts and then ordered one of his at
| PENDANTS to burn them up. Another set
of papers brought by one of the Kings
attendants appeared to be fixed in the
witnesses mind and he was not positive
upon cross examination as to which lot
had been destroyed. This meeting ne
said took place under a tree, and he
was some distance away. He heard
Okuu say that the king had destroyed
| his marriage certificate. The witness
testified that from what he had learned
the parties had been married by the
! Bishop at Eva. When asked if he had
seen the marriage certificate at the time
it was torn up by the angry king, he
replied that if his neck had been two
fathoms long he might have been able
to do so.
Another witness. a native woman,
testified to the same effect She said
that the king had been very angry at
; the annoyances CkUu had caused him
by demanding the return Of his prop
. erty and that he was i'll at the time
this incident occurred.
; There appears 10 be no question OF
= Of L i1l.r
Kalakaua by Kahoopuipui. the wife of
; Okuu, but defendants claim that she
! had no right to make such convey
; ance after her marriage.
MOTION FOR NEW TRIAL IN
HAGEY CASE.
The motion for a new trial in the
case of Harrison VS.. Magoon, in which
jury rendered verdict for $4,000 for
; plaintiff was filed yesterday The mo-
ton is based on the usual grounds, in
Guiding besides the ground of the dis
qualification of one of the jurors, af-
, fidavits from each of the defendants
! and attorneys accompany the motion
each reciting shat he was unaware oi
the tact that Vincent Fernandez. on'
of the jurors, had taken the Hage2
J. cure up to the time the jury was sen
out The affidavit of Attorney Nicola
nahan further alleges THAT the forma
! ton of an opinion as to whether or no
: the Hagey gold treatment was cur'
for alcoholism would, under the salt
! evidence and rulings of said trial Judge
be the formation of an opinion upon ;
I material fact of said cause
j. NJ Vivas makes affidavit to tn
| If II
name of *. Fernandez" and the juro
of that name states that he did TAX
the Hagey cure during the year 1881
e DEMURRER SUSTAINED.
Is Judge Gear sustained the demurre
: yesterday in the case of VIM. F.. Jocae
l. VS. Carl H. Patzig ct al, suit to fore
It close mortgage for non payment OF
=, note of 81 200. The first ground OF de
n murrer is based upon the following
d "Misjoinder of parties in that detendan
h Caroline Patzig did not sign nor is sh
= :. party to the mortgage The demuT
rer is sustained on this ground In
- court holds LAS the only possible re
=, suit of this equitable action as again'
n the defendant would be foreclosure, on
lie " those claiming under the R1ortSas
would be affected by the action, an
I'd as to such the widow is not entitie
10 dover" Five days is given platntr
q to amend petition.
ATTORNEYS FEE ALLOWED,
Judge Gear yesterday made an OF
dar. allowing an attorney fee of thirt
dollars TO J. NJ. Viyas who sued to II
cover that amount from Mele Axiom
be There was no defense, the defendaf
making default. The case came up
Q appeal from Judge Wilcox, who -oun
for defendant.
. COURT NOTES.
A Jury has been waived by plaintI
in the case of II. Hackfeld & Go. V