The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-01


down which seen TO prevent the sub
stitHtfon Of 3 rev defense IN the
making Of an amended anzwsr- Dune
also quoted q number q other an
thOrities On the same point
Judge Siziirazr seemed 70 think
that the attorney for the government
was too nach inclined 10 throw little
legal teehniralities N the pathway
Of the defendants n these Pearl Har-
Dor land condemnation suits The De
PENDANTS we're Wiling 10 expedite the
hearing OF the cases. and so forth. and
were naturally anxious 70 get through
some time. Il appeared. however, in
the opinion OF Judge Sillins1. that
n wasting OF so much time over
mere technicaIities was not czieulat-
ed 10 smooth the way Of the cases for
one side OF the other be did not see,
for instance. in eases OF such a na-
ture. why the defendants could not
file q million amended answers or
new answers
Judge SIliIman said he did not think
that Judge Estee would strike out any
evidence in the trial of the cases
which would tend 10 prove the asser-
tons OF the defendants.
In the morning. when Attorney
Dunno for the Government presented
the motion to strike out the answers
of four Of the defendants, DoEsett
Estate. Oahu Railway & Land Com
pany, Honolulu Plantation Company
and Oahu Sugar Company. and pro-
ceeded to make criticisms as common
to three of the answers. he was inter
rupted by Judge Estee who wanted
TO know il the motion was TO be ar
gued for all cases at once or separ-
ately. saying that each defendant was
entitled TO a separate argument IL 1t
so desired. It was agreed that there
should be one common argument for
all the cases
1t developed in the course Of argu-
ment that Chung Al Foo had not been
served with the complaint for the
reason that 1t had been found that he
had no interest in the lands. It also
came out that William G.. Irwin was
practically in default for failure to
answer.
Captain Pond of the Navy was. pres
ent yesterday during the argument
in the Federal court, as were also
several others interested in the pro-
ceedings.
The argument on the motion of the
Government to strike out the answers
OF some of the defendants will con-
tinue this morning and is likely to go
on for some time
It is said that these trials are like
" to stretch out over several months,
although the decision of Judge Estee
in the matter of the motion now be-
ing argued will have a great deal to
do with the duration of the cases. Ii
has abandoned the suit it had begun
to secure certain land at Pearl Har-
Dor at first stated to be necessary to
the proposed naval station, some OF
the present defendants may strive
to show that their parts of the tract
are also unnecessary.
In the new answers offered almost
every allegation of the governments
complaint is denied. The United
States viii now have to prove. if
these answers are allowed to stand as
they are, that it is in need of all the
land asked for and that IL, intends 70
Immediately proceed with the estab-
lishment of a naval station at Pearl
Harbor. These things were admitted
in the original answers of the de-
PENDANTS.
Judge Gear Yesterday compliment
ed George Carter on his management
of the estate of the Carter minors.
His bond, on motion. was raised to
$1,000 and the accounts were referred
to master.
Judge Gear has made an order di-
recting Cecil Brown, administrator OF
the Cummings estate, to pay S711.70
to F. Wundenberg, on account of 7. B.
Cummings interest in the estate.
The will of Manuel Tavares, for
merly Of ST. Michaels. Azores, has
been filed and the petition for probate
win be heard on Monday, November
f. The estate is valued at 500 and
is left to the wife, Maria de Jesus
Tayares, with the exception of $50
which goes to a daughter, Antonio
Ferreira. Deceased died in this city
on the Srd of last month.
Defendant has made no answer in
the case of Kahiliopua against A. j
Lopez and motion for default has
been filed. w. Austin Whiting and
W. ]. Robinson have entered appear
ance as associate counsel.
Masters report in re the guardian
ship of Ethel P. NJ. Gay finds the final
account of W. o. Smith. guardian,
correct
Edward Kekoa win contest the will
of Annie Holokahiki on the ground
that the verdict rendered by the jury
was contrary to law and the evidence.
The matter comes up this morning at