The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-02-26
|qRIp |. BERGER
| LOSES HER SUIT
Circuit Court Decision
Dismissing Bill
Affirmed.
SUPREME COURT RENDERS OPINION
ATTORNEY BITING Is REMAND
ED TO CUSTODY OF
JAILoR.
Judge Estee Finds No Cause For In
tervening In Matter of the Ter
ritoriai courts-various judiciary
Items.


Judge Estee, in the United State:
District Court yesterday. remanded C
c. Biting TO the custody of the jailor o
Oahu prison, dismissing the writ o.
habeas corpus. Mr.. Biting. it will bt
remembered was sentenced to ter
days Imprisonment by Judge Hum
phreys in the Territorial First Circuit
Court for contempt of court The
grounds of the Federal Judges decis
ion are briefly: II had BEEN shown
that petitioner was being subjected to
cruel treatment The territory OF
Hawaii has noa had time to make its
prisons and jails correspond to the
requirements of American law as TO
different classes of offenders. 1t has
not appeared that petitioner has taken
his available recourse 20 the SUI
preme Court of lne territory. The es-
sential point that the liberty Of the
citizen is imperilled has not been
made clear
]. F. Carl Hagen was naturalized by
Judge Estee.
The answer having been filed in the
suit VI H. ~ lAAih -. DAiS
antine Consuelo. next Monday has
been set for the hearing.
G. A. Davis, trustee in bankruptcy
of j. A. Butterfield. is authorized to
sell two houses and lots at the end
of Punahou stdeet His motion is
also granted for exemption of certain
personal enects of the bankrupt from
execution.
Judge Humphreys sentenced Joseph
King, whom the jury recommended to
leniency on account of youth, to three
months at hard labor and to pay costs
for malicious mischief. He ran away
with Dr. Cooper's buggy one night.
The Supreme Court. in unanimous
opinion written by Justice Perry, has
affirmed the decision Of the Circuit
Court in dismissing the bill in equity
of Sarah Ann Berger VS.. Chas. w.
Booth and Chas S. Desky. The case
is familiar to readers and the follow
ing syllabus. of the opinion winds up
the story as to the law:
"A bill in equity was brought to set
aside deed on the ground that it was
obtained by misrepresentation and
fraud Gross inadequacy of consider
alton, the existence between the gran
tee and the grantor of the relation of
brother and sister, the reposing of
great trust and confidence by the sis
ter in the brother, and the making of
false representations by him to her
concerning the value of the land con-
veyed. were averred and relied upon
as tending to show fraud. Held that
the essential averments of the dill
were not sustained by the evidence
adduced. Bill dismissed"
Davis & Gear for plaintiff; Magoon
and Kinney. Ballou & McClanahan for
defendant.
Sutton, alias Schroeder, first mate
of the schooner Honoipu, was brought
before Judge Humphreys on the
charge of assaulting sailor named
Klein with an iron bar on board the
vessel at kahului He was dismissed
for want of jurisdiction. as the case
should have been brought in the Sec
ond Circuit Court at Wailuku.
Wong Suey Kwai brought action of
trespass against oaml Woolley for
breaking into an acre and half of
land at Laie and destroying taro and
other crops, $1,000 damages being
claimed.
The Waikiki Sugar Co. has filed
bond of $1,000 on injunction restrain
ing the Hawaiian Commercial and Su-
gar Co. from tunnelling for water on
certain lands.
G. R. Carter has filed his final &C |
counts with petition for discharge. as
of the will of the late |
Jacob Jurgensen. Receipts are s10.-
1850 and expenditures s10.57010. |
The investments amount to $3.50.