The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-15
THE LOVE
CASE AGAIN
Busy Day Yester-
day in Circuit
Court.
IKAPIOLANI ESTATE
WINS A CASE
Grand Jury May Report Today
Tardy Juror is Fined $40.
Nine Appeals.

hours yesterday afternoon, though the
of the trial was very slow. In
fact. nothing was accomplished during
the wrangle between the attorneys
the only fact of any Importance that
could be deduced from the entire pro-
ceeding was that the original books
showing business transactions, must be
introduced to prove such transactions,
ard copies of accounts cannot be ac-
capt4d as evidence VIM. NJ. Graham,
a former agent of James Love, was on /
the stand during the entire hearing. he
brought with him a copying book con-
tanning accounts rendered to James
Love during his transactions with
Cartwright, the defendant seeking to
prove that Love had been exceeding MS
income and a spendthrift trust was
necessary when he tMagoon) was APP
uuinted All evidence on this point WAS
objected to by Mr.. Fitch on the ground
that the books were the best evidence
ana the objection was sustained and the
answers stricken out. For full TWO
hours the attorneys SPARED over the
admission of these duplicate copies Oh
the accounts rendered 10 Love WIFI
ont result, and when court au1ouiheu
at : O'Clock no progress had been MADE
| The witness testified that Love caiiie
| m see him from two to six times
month. and seemed generally under Tue
influence of liquor at these times w II
ness also testified that TO the pest Vi
his knowledge Love had an income Oh
81, 600 year
~ object" said Mr.. Fitch; 1t mas
never been shown that this witness mas
lanv knowledge" The objection was
Is,sta;ned as were also some nifty otn-
h, obiections made by plaintln on the
same grounds The defense mao given
mn The task of proving what the IN
come of Love had been, and that ne mao
loyersnent it, and asked that the witness
he excused He explained then that ne
had a written acknowledgement from
. Mr. Love that the accounts IN TINS oooh
| were the ones he had approved aho
| again the witness was brought back u
the stand to go through a similar Oh
deal Again the testimony was oo
iected to- this time because "lIheS
i couldn't recollect what the receipt re
| ferred to- Finally the book was giNei
TO Mr.. Fitch. who said he would alloV
III the witness to testify TO what was
Hit and withdrew his objection
| There is nothing in these accounts
III he then explained to the court; IN
| Icopy is wholly illegible,
II And so it proved. Nothing is left de
II PENDANT but to bring in the books Gov
| ering a period of two years. which WI
| be done this afternoon.
The statement previously made tina
Mr. Magoon had withdrawn case
| court without the consent OF MRS. Ha'
Ilwas not correct. This was case ais
| in which Love was concerned. and MT
Hart was represented by another mr.
of attorneys. Mr. Love, it appear
had been an inmate of the home
Mrs. Roe before he was put under qua
| dianship, and refused to be remove
/ from her care when Mr. Magoon a
| sumed the trust.
There are some dozens of books Whi'
must be produced in court this ate
tlnoon in the case. and it will require
Il wagon to bring them to the court nous
Mr. Graham, who is the principal WI
ness as to the books is also a graz
Juror and consequently the case ci
not be taken up before o'clock.
ANOTHER KAPIOLANI CASE.
Immediately after the verdict IN /
vor of the defendant was rendered
- the case of Sister Albertina VS.. kapl
. lani Estate. the second case in viii
70 the same parties are defendants W
u taken UP by the court. In this ca
7 Sister Albertina is trustee for ste
= Locket and the title to property IN NJ
+ noa is involved The jury was impa
eIled after the noon recess, follow
4 which attorneys, jury, Judge Gear a
4 the remaining officers of the court we
Z to- view the property involved In [
4 case The party returned at 4 o'cio
T and the case was resumed for a ha
Z hour. The following jury is hearing t
4 case: p. G. Jones. A, w Pearson
= B. Renear, George Keauoha, o. CO
I J. A Legros, e. X. Hanapi, r. c, La1
4 NJ p Robinson. B. F. Dillingham;, G'
= Nawaakoa, f. S. Holt
4 THE KAPIOLANI ESTATE WIN:
z In the case of Sister Albertina, trt
: tee, VS. Kapiolani Estate. Judge &c
- directed a verdict for defendant We
4 terday morning. The court overrui
the motion of the pialntli1 Tor vera
+ in plaintiffs favor. and then heard 9
= euments on motion for the court
Z instruct the jury for defendant. III
4 motion Judge Gear sustained. sayin
4 pThere is a motion here TO 1nStfC
7 the Jury for defendant on the grou
Z of adverse possession. The court |
4 lieves that if the jury brought IN
4 verdict for plaintiff it would have
T be set aside because there is no e.
z dence to sustain it. No testimony n
! been introduced to rebut the claim
i adverse possession made by defen
4 and the iurv Is instructed to bring
Z a verdict for defendant.
4 The form of the verdict was as Il
4 lows:
4 sister Albertina. trustee, VS.. Kapl
Z n Iani Estate Ltd, and others: we, [