The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-23


out of that obligation before this court,
and certainly not when he thinks that he
can not only do that but, set up another
house with another woman. This court
will not be party to anything of the
kind. 1t was only after hard work that
the court got out of the plaintiff thes
true state of affairs that existed in this
case. The court did it to find out the
reason the husband had deserted this wo-
man, and. in doing SO, found an awful
cond ton to exist. 1t finds that the hus-
band is living in the same house with
the sister of the wife. 1t is an out
condition of things in a Chris
tan community. 1t seems TO me If the
Marshal's office started out en- some of
this kind of business it would look better
than to be arresting people for fast driv-
ing. 1t was only few days ago the
court had occasion to hear and pass up
on "a case of this same nature, where
the man threw off his old wire because
he was tired of her and took a new wo-
man. Tat thing will be stopped in this
court if / have the power to prevent it
Wonderful things are happening, and the
power of this court is being curtailed
every day. 1t will be curta:led in day
or two by decision of the higher court.
but, this court is going to carry out it's
duty irrespective of decisions or persons.
If the. evidence shows these people are
violating the law this court will do what
It can to stop it and bring to their senses
these people who think they can openly
defy not only the law of God but the
laws of our statute books. l say it shall
stop. man who can pay two or three
dollars a week for a room in the house
for which he pays twenty-five dollars a
month rent is certainly able to make
70, i- ~.
guess he will be able to let the woman
with whom he is rent that room to
somebody else, and pay that money to
the plaintiff.
The court grants the divorce on the
grounds alleged in the complaint de-
sertion and non-support of plaintiff by
the defendant, and finds the facts alleg-
ed In the complaint to be true: that the
defendant did wilfully and without just
cause desert the plaintiff and that he Is
sufficiently able to provide maintenance
and support for her, and for the eight
months last passed has neglected and
refused. and still neglects and refuses
to do SO. The court grants the divorce
and awards plaintiff the scare custody
and control of the child, and orders that
the defendant pay the costs of the suit,
an attorneys fee of twenty-five dollars,
and further orders that he pay ten dol
lars a week to the plaintiff for the sup
port of herself and his child. He will
pay the costs forthwith, and the attor-
neys fee of twenty-five dollars, and ten
dollars week to the. plaintiff on the,
first day of each and every week COM
mencing with Monday next, until further
order of this court I presume that may
cause him to give up the house where
Mrs. Silva lives, and may cause Mrs.
Silva to take up some other abode and
go to work, but this court cannot help
that. The court will sign decree In
accordance with this oral decision."
At the conclusion Mr.. De Bolt, attor-
ney for the defendant, said:
Il ask leave to except to the decision
of the court as being contrary to the law
and evidence and the weight of evidence
/ understand that to be the practice"
I don't know" replied the court. THE
case was tried and defaulted. / don't
know as there is any appeal from it,
There is no default in divorce cases."
"Of course there is no default, but
there was no answer. There was no de-
fense.'
MIR. Correa appeared"
BY the Court The court will hold
that 1t will not stay the order of this
court, and this order with regard to the
payment of this money will be enforced"
DIVORCE AFTER THIRTY YEARS.
After living together for thirty
years Margaret West asks a divorce
from Frederick Britton West on the
ground of cruelty. In the papers filed
with the Circuit Court yesterday, 1t is
alleged lat the couple was married in
New York, Oct. IT, 1871. 1t is also -charg-
ed that since coming to Honolulu in
August, 1896, libellee has refused to pro-
vide maintenance for libellant and
various charges of assault are made, CIV
ing specific dates. All the children ex-
cept one are of age.
DEMURRER IN DESKY CASE.
a demurrer has been filed in the case
of Kapiolani Estate VS.. Charles S. Desky,
foreclosure on the Progress Block, in
which defendant claims that his wife has
not been made party to the suit, and
that no demand has ever been made upon
him for an accounting.
THE CONGDON ESTATE
Bishop & Co. have made application for
the appointment of Charles Phillips as
administrator in the estate of Henry
Congdon, deceased The value of the
estate is given as 1854.
COURT NOTES. -
Appeals have been filed in the Circuit
Court in the case of the Austin Publish
ing Co. VS.. Healani Yacht and Boat
Club. suit for payment of bill for
printing the minstrel program. The de-
Tense was. that the charges were exor-
bitant The appeal is from the decision
of Judge Dickey allowing plaintiff s6S and
court costs.
Plaintiff has filed an appeal in the case
of II. G. Middleditch vs. Isaac Harbottle
ct al action on note for $3.50. A new
question is likely to be raised in the high
er court. as the Judgment for defendant
by Judge Dickey was on the ground
that the note had not been properly
stamped. The note was again offered in
| evidence, with the revenue stamp affixed,
| but was not allowed.
Appeal Is taken by defendant in the
case of j. H. McKechnie VS.. John F.
Colburn, on account.
Appeal has been filed in the case of
J. F. Morgan VS.. Mrs. F. c. Betters in
which the amount involved is but 1926.
The court costs already amount to nearly
twice that sum. The suit is on lamp
and mating sold at auction, which were
not delivered, and for which defendant
refused to pay.
FITCH FILES A BRIEF.
Thos. Fitch filed a brief yesterday in