The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-19
Court is Asked to
StayCondemna-
ton Case.
JURY TRIAL. IN
L!TTLE'S COURT
Cation Makes Answer to Fowler
& Co. -spendthrift Gases
Set for Today.

Henry Smith VS.. Mary A. S. Rose and
Sanford B. Dole. Governor of the Ter
ritory of Hawaii.
For cause of action complainant sets
out that a portion of his property on
Fort street was taken by the govern
ment at the time that thoroughfare was
widened on April 90, 1901, amounting to
$50 feet A compromise was ef-
! get from the government a certain
triangular piece of property near his
! lot on Fort street but in the event
that it was to go to Mary A. Rose, he
was to receive instead. certain other
! irregular parcel of land from Mary A.
Rose. Further complainant alleges
! that this agreement has not been full
filled, and that Mary A. S. Rose well
knowing of complainant said offer in
compromise, but with intent to defraud
complainant of his said right, did
fraudulently combine, conspire and
confederate with said respondent, San
. ford B. Dole, in the making, delivery
and acceptance of said deed, conveying
said property, and the said Mary A.
Rose is now the owner thereof.
| Petitioner further alleges that he is
grievously damaged in his rights as an
abutter to said land, and asks that the
deed be declared null and void, and de-
livered up cancellation to an officer of
the court, and that the Superintendent
of Public Works be stopped from con-
demnation proceedings until a decision
is made.
Andrews, Peters and Andrade are at
torneys for complainant.
BEFORE JUDGE LITTLE.
In the case of Gulstan F. Ropert. trus-
tee of ]. K. Sumner, VS.. s. Kaulia ct al,
ejectment, for property situated at Ka-
moiliili which was begun before Judge
Little yesterday afternoon, the following
jury was secured: Gus H. Aea, Jas. r.
Shaw, ]. A. Lawelawe, Samuel Nanioa,
w F. Hebron, D. X. Bent, H Zerbe,
S. Nawoa, c. Anterior. Geo. Roenitz
and F. Angus
There was much difficulty in securing a
jury, and each part exhausted their
challenges. Fifteen men were excused
before an acceptable jury was secured
l.. H. Dee was excused for cause. He had
had a rather lively tilt with T. McCants
Stewart a short time ago, and left his
office in anger to see another attorney
Stewart said the whole trouble was over
: the fact that he was "Frenchy," while
Dee was 'Irishy,'' and Judge Little
; thought the cause sufficient for the dis
; qualification of the juror.
This is the same case which was be.
; gun last week, and had been on trial fol
two days when it was withdrawn because
, of the fact that it would run through
. the September term.
) DAVIS A DEPUTY.
George w. Davis was sworn in yester
day as a special deputy attorney genera
; for the special September term. His
commission was signed by Attorney
Z General Dole before his departure fol
: the coast Mr. Davis will represent the
: Territory in the case of the Kahukr
rioters and will present the matter t.
{ the grand jury today.
JUDGE GEAR EXPLAINS.
{ Judge Gear stated yesterday that tn,
) warrant of arrest issued by him fol
! Secretary Cooper was under misappre
hension of the facts. He stated that h,
was unaware of the fact that the cas-
{ had already been brought TO the atten
: ton of the court, and had been Informed
? that Judge Wilcox had not issued a war
Z rant because he thought that a noll
prosequi would be entered by the Higl
Sheriff. Later he learned that such wa
: not the true state of affairs, and tina
Judge Wilcox had not even been re
Z quested to act in the matter. The war
rant was then Immediately revoked
2 Judge Gear making the following orde
in connection with the case:
7 THE within warrant of arrest haVin
been issued by the court upon a mis-
- statement of facts by the attorneys 70
the complainant, and it now appearing
that the subject matter is in litigation
in the civil side of the courts, and tina
. the object of the within warrant was t
= use the criminal process of this cour
~ to obtain redress which was the prope
:, subject of civil litigation, the within war
rant of arrest is hereby revoked annul
- led, and rendered of no further force 0
- effect
~ GEO. d. GEAR,
NJ Presiding Judge, Circuit Court"
ID CATION MAKES ANSWER.
N An answer has been filed by Rober
E. Cation to the petition of John Fowler
Co., Ltd, of England, VS.. Robert Cato
81 and George w. A5acfarlane, Bill for &C
u, counting.
" Cation admits that he was agent fo
~ plaintiff, superseding w. L. Green
1893, ana dcllnS III tnat Capacity VIII
Geo. W. McFarlane until January, 1S9
~ when he was made sole agent and acte
as such until February %, 1899. On tina
a day he delivered all unsold goods t
plaintiff in the case; in answer to the a.
\ legation that he refused to make an az
counting he said that such account
ing had already been made, and the SUI
of $3,24570 paid to plaintiff.
!, COURT NOTES
"a A general denial is entered by A. Mt
Aulton to the suit of the Hawaiian Cal
rage Manufacturing Company.
Dang Yong Fong has been appointe
temporary administrator of the estate
ns Dang Yong Yok. The estate consists {
2 a claim of $1,000 for loss during tn
a. plague.
| Court Reporter Dan H. Case returne