The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-05
THE ORDER
IS MADE
Progress Block
May Yet Be
Sold.
$55,OOO MORTGAGE
IS FORECLOSED
Rathburn Perjury Case Comes Up.
Garter Doesn't Want to
Prosecute.

Inst prior to his departure on the Ala
media Judge Gear made a decision in the
case of the Kapiolani Estate VS.. Charles
Desky, giving Judgment for the plalno"
in The sum of s55,OOO and the order car
ries with it the sale of the Progress olocN
If the judgment is not satisfied. The OF
der was made by Judge Gear on the
steamer, and in the hurry of the moment
the title of the order read Orpheum Com
narv. Ltd. VS.. Chas. S. Desky, but Whloo
was afterwards corrected by Judge Hum
nbrevs. The decision flied by Judge
Gear says:
Upon the facts proven in this case.
find that the amount of principal, SSS'OOO.
with interest thereon, is now due ana
unnaid. and that plaintiff is entitled to a
decree of foreclosure for said sum OF $780,
OOO. with interest there at seven per cent
per annum from the date of the mort
gage. together with the sum of $3.50. to
he added to principal for premium paid
by the plaintiff for insurance, together
with a fee of $50 gold coin of the United
States, which is hereby allowed to plain
tiff as and for a counsel fee, together
with costs of court. Let Judgment be en-
tered accordingly, and in case OF sale Oh
said mortgaged premises be necessary In
order to collect said sums. all costs OF
foreclosure to be added to the judgment
Let a decree be entered accordingly.
GEAR, Judge.
CARTER DID NOT APPEAR.
When the case of VIM. Kolo Rathburn
was called in Circuit Court yesterday
morning. A. B. Carter, the principal wit
ness for the prosecution, was not pres
emf Rathburn was indicted on charge
Of perjury, alleged to nave been COM
mitted before the grand jury during the
hearing of the case against Carter Tor
shooting him.
DEPUTY Attorney General Cathcart stat
ed that the subpoena had not been serV-
ed. before Tuesday, because DR.. carter
agreed 10 come upon notification by teie-
phone. he asked a continuance until
Monday but MIR. Robertson, appearing
for defendant, objected, on the ground
that there had already been several con-
tinuances. He said that he understood
that Carter had declined TO come.
Judge Humphreys granted the motion
for a continuance, but stated that he
could not consider the service OF a court
order. by telephone the correct methoo
for giving legal notice. This Court mas
repeatedly held" he said, that tele-
phones may not be used for such pur-
pose. 1t is not adapted to the transmits
sion CT court processes or orders, and as
the telephone and other electrical appH-
ances are at present conducted IN these
stands, it cannot be said to be success
full for that purpose. This Court will not
conduct business by telephone. This is a
AZ Of 2 Ertxr O.
phone may have been out of order, or
the man away, or possibly he may have
misunderstood the order, even if there.
The return on this subpoena shows that
it was not served until yesterday even
ing. and it would have been impossible
for him to have come into court at that
time from his home"
Robertson's application for the allow
ance of expenses to the witnesses for the
defendant was also denied, the Court
holding that he was not authorized I'M
der the statute to make such order,
even though it worked a great hardship
on the poor witnesses. The case was set
for Monday, and an attachment issued
for DR.. Carter.
HELD FOR ASSAULT.
The hearing of the complaint made by
Mrs. Kamakee against Harry Juen, Will
/ liam Savidge and J. II Schnack was held
| during the noon recess by the Court
This is the same case dismissed few
days ago by Judge W -lcox, growing out
of the forcible ejectment of the COM
planning witness by the three defendants.
The Circuit Court. after hearing the evil
dence for the prosecution, ordered the
three men committed upon a charge of
assault and battery, fixing the cash bond
at one hundred dollars in each instance
The hearing was set for next Wednes-
day.
ARRAIAL WANTS A DIVORCE.
J. j. Arraial has filed In the Circuit
Court a divorce suit against Guilhermina
J. Arraial, alleging desertion a ground
! for his action. The hbellant sets forth
In his petition that he was married to
libellee On June TO- 1898, and that there Is
a son aged six years now in the custody
of the wife. The libellant alleges:
THAT the libellee, shortly after her
marriage to l;bellant. commenced TO de-
sert his bed and board and to lead a rep
lrehens,ble life, until finally on or about
October, 1896. she wilfully and utterly
deserted iibellant. That said libellant
lprocured the legal means to compel libel
lees return TO him, but that she refuses
so to do; and that since said desertior
llibellant Is informed that Hbelee has beer
living a disTeputable life and keeping thu
company of disreputable women.
THAT libellant believes hbellee Is AZ
unfit person to have the control. manage
ment and education of said child. anC
M Of GlunDOrrfuar