The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-19
NO MORE
ADOPTION
HaWaiianS Must
Care for Own
Children.

Notice was served in the Circuit
i Court Yesterday morning that the Ha-
waiian practice of giving away chill
| dren for adoption must cease. The
| order was made when Judge Hum
! phreys denied the petition of Thomas
/ duncan and wife, keau, 10 permit the
| adoption OF their child Thomas, ten
year-old boy, by Patrick Cockett. The
| court heard evidence at great length
upon the petition and examined the
father, mother and son, and also MT
| Cockett.
| At the conclusion of the hearing the
! court stated that the father seemed
| able to support the child, as he ap-
| peared to be a man or some means,
| earning IS a day, and also man
above the ordinary in intelligence. The
boy also appeared very bright and in
! telIigent for a child of his years, and
there was apparently no reason for his
wishing to leave his parents.
1T is surprising to me-" remarked
the court, that the parents should be
willing to surrender the affections OF
! This child to another. The time has
come when, though we must pay some
Difference to the customs OF the race.
vet we should obey the laws Of nature
and of the Territory. 1t is unnatural
| in a parent to wish to transfer the
affections of a child in this way. The
tie that binds husband and wife is no
greater than that which binds parent
and child, and it seems unnatural that
a father and mother should wish to
do such a thing.
Il shall deny this petition. and VIII
say now, that all similar petitions in
the future will be denied"
TERRITORY IS BROKE
The attorneys on both sides of the
case of Territory VS.. Kane asked for
a delay when the case was called up
Yesterday morning. This led the court
to remark, Gentlemen do proceed in
this case. There are twenty odd Jurors
drawing 50 a day, waiting here, and
the Territory is broke"
In the same case Judge Humphreys
put a stop to the practice of the jurors
in asking questions of witnesses dur
ing trial. Several of the jurors drawn
appeared very inquisitive concerning
various points not clearly brought out
in the examination by the attorneys,
and several of the jurors put questions
to witnesses. Finally the court stated
that he would forbid the practice in
the future, and that jurors would not
be allowed to question the witnesses.
He stated that the defendant was rep
resented by counsel, as was the Ter
ritory and IL was their duty to exam
inc the witnesses, and the jury must
govern itself by the facts brought out /.
on such examination.
VERDICT OF NOT GUILTY.
The case occupied the greater por--,
ton of the day. and the jury was incl
strtIcted at o'clock. Within an hour
a verdict of acquittal was returned /
The defendant in the case, Oliver Ka- !
ne was discharged. He was alleged
to have stolen $3.50 from the Hawaii
an Tramways Company, which was
given TO him for change, he being en-
pIoyed by said company. The jury
which heard the case was composed
as follows: James M Sims, George w.
Macy, Isaac II. Harbottle, II. S. Swim
ton, r. A. Dexter, James X. Merse-
berg, John NJ. Davis, Haughton c.
John A. Noble and George !
\. Kaia-
DESKY ANSWERS IN PROGRESS
SUIT.
Charles S. Desky yesterday filed his
answer to the petition of the kapio-
ani Estate, asking foreclosure of
mortgage on the Progress block.
He admits the execution OF the
mortgage, but alleges that said mort
gage was not a conveyance of the
and, but a mere lien upon the prop /
,rty for the payment of the principal
md interest. He admits that he has
lot paid all of the interest upon said
note, but denies that as a result of q
such default, the whole of the sum for t
which said mortgage was given to 1
ecure is due and owing, and defendant t
llleges that said plaintiff has not at J
my time elected to declare said whole 5
amount due, nor has plaintiff a de- {
nand for the payment of the interest '
alleged to be due, or for the payment /
# the principal sum of said mort
rage. G
Defendant further denies that any a
demand has ever been made for the q
payment of either principal or interest. [
A motion has been filed in the case i
# ]. NJ. Vivas VS.. Mele Akoni to have a
he Judgment set aside on the ground
hat defendant had not been notified f
If the hearing or action in court. t
.