The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-10
DO|NCS Of
| THE COURTS
CIeghorn Prop
erty Case Goes
On.
ATTORNEY DAVIS
SUES JUDGE FREAR
Chinese Gases in the Federal
Court Jas. Dodd Estate
Distributed

ne actlon of the kapiolani Estate
VS.. a. S. Cleghorn took a reminiscent
turn Yesterday. The first witness who
n was called was Mr. James BOYD of the
department of Public Works He testi-
ned that he understood that Cleghorn
was the owner of the place in the year
1878. The Princess Ruth used to go to
the Cleghorn place to battle He had
seen her there many times Mr. Boyd
also testified that he had seen the Prin-
cess Kaiulani there. On one of the
questioned pieces of property, known
In this litigation as the lot on the
makai side stood the building known
as the ''Kaiulani bath house.
The witness said that he had been
told by King Kalakaua that the land
now under dispute was the property
of Cleghorn.
In the afternoon Ex-Governor A. S.
! Cleghorn was called to the stand. He,
too, INDUCED in some very interesting
"reminiscences, under the able guidance
! of Attorney McClanahan of the prose-
| cution. The Governor stated that he
had come to the Islands when boy of
fifteen. He had lived under the domin-
meha V, Lunalilo, Kalakaua and Queen
Liliuokalani. He also told some inter
esting facts concerning the House of
Mobiles, of which he was a member and
other departments of the royal govern
ment.
The defendant stated that while he
had never possessed a title to the prom
erty, he held undisputed possession OF
,-iot,
it was recognized by the members of
the Royal household; King Kalakaua
had repeatedly stated that the land
was the property of the witness. When
Cleghorn first took possession of the
land it was a waste. being covered by
a salt swamp. Through his efforts he
reclaimed it. and upon it built his pres
ent home, which he has occupied for
more than a quarter of a century.
The case may go to the jury today.
CASES BEFORE JUDGE ESTEE
There are eighteen cases to be tried
before Judge Estee in the near future.
In which the right of as many Chinese
to remain on American soil is to be
tested. All of the Chinese under ques-
ton say that they were either natural
lied, or else they are of Hawaiian
birth, thus making them citizens of the
United States.
Yesterday afternoon, the case of All
Hin, a Chinese girl. who claims 10 have
been born in this country, but who
went to China when a mere child, was
called for hearing. AT 4 o'clock, the
hour set, District Attorney Dunno was
not in court, and his honor took occa-
sion to state in emphatic terms that
he would not. under any circum-
stances, postpone the hearing of the
cases any longer.
Owing to the fact that George a.
Davis was escorted from the Supreme
Court room on Saturday by the batliff.
he has sued Chief Justice F'rear FOR
$50, 900 damages.
COURT NOTES.
Yesterday Judge Gear ordered that
there be a distribution of the property
of the estate of the late James Dodd.
The estate in question amounts to
something like $4,000.
In the case of the Kapiolani Estate
VS.. E. Peck & Co, Ltd, the court de-
cided that, as both sides of the litiga-
ton had agreed to allow the testimony
of the witnesses residing on the other
Islands to be taken before a commits
sion to be named by the court. a rul-
ing would be made to that effect The
same ruling will follow In the actions
of the Kapiolani Estate VS.. w. r.
Castle, and in the similar proceedings
of Kapiolani Estate VS.. L. A. Thurs
ton.
The defense in the civil action OF
Mahoahoa VS.. Tai Bun ct al, asks that
the case be put over until the August
term. The defense claims that this
postponement was mutually agreed to
by the two sides some weeks ago. and
that since that time their attorney, j.
NJ. Kanehoa, has gone to Maui to re-
main for several weeks.