The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-10
/ THE DAY
| IN COURT
Demurrer Argued
In Territory vs..
Queen.
PROBATE CASE
BEFORE JURY
The Attorneys for sodergren and
Stuart Move to Change
the Records.

j The First Circuit Court was occu
pied nearly all day yesterday with tn,
appeal from the Probate Judge, Firs
circuit, in the estate of Nalimu Naoiwi
an order refusing probate of will. Ma.
COON q Thompson appeared in the in.
terests of the petitioner appellant, ant
Kinney, Ballou & McClanahan for the
contestants. The matter will be con.
tinued tomorrow morning.
The jurors in the case are: Edward
B. Friel, w. E. Sharp, w. H Lyle. w
M. Cunningham, c. S. Hall, H. G. Crab
be, w. B. Jones, John Markham, Her
mann Meek, a. E. Lloyd, H. H. Walker
and E. a. Ross
Late in the afternoon the demurrer in
the case of the Territory of Hawaii VS.
Queen Liliuokalani and John Wilson
came up for hearing, Attorney General
Dole Tor the Territory and Arthur Will
der for the defendants. Argument was
| mad, and at the conclusion of the argu-
| ment for the defense Mr.. Wilder was
complimented by the Court upon the i'm
pressiveness of his presentation of the
matter. The Court said that the argu-
ment of the defendants attorney had
made 1T clear to the Court that the mat
ter should be looked into very thorough
ly, and that he would take it under con-
sideration carefully. probably for several
weeks before rendering decision.
COURT NOTES.
In the case of Henry Smith VS.. Hama
kua Mill Company the defendant, by its
president, Mr.. Swanzy. yesterday filed
an o1 ~, AZ,
with E. H. Wodehouse as surety
MIST VS.. KAPIOLANI ESTATE.
The argument in the case of Mist vs.
Kapiolani Estate, which was begun at
o'clock Wednesday evening, has not vet
been completed Attorney De Bolt for
the defendant, argued until 1890 We'd
nesday night, and the case being contin-
ued until noon yesterday, he again took
up the argument at that time arguing
for half hour. The case was then by
the Judge continued until o'clock this
afternoon.
GERTz VS.. MACON CASE.
In the case of Anna Gertz, in her own
right and as executrix of the will of
Christian GertZ, deceased, VS.. j. Alfred
Magoon, as trustee for c.. H Banning
and B. R. Banning, John Buckley and
Maria Forbes, motion has been filed by
ity, for an order of Court striking the
Joinder in demurrer filed therein from
the files, on the grounds that the above
entitled Court has no jurisdiction to en-
terrain the same. The motion is based
upon the records and files in the case,
and notice is given that the movant, by
his attorneys, Magoon & Thompson, win
present the motion on Saturday Nav IL
at 10 o'clock a. m.
F. T Russell iS a ttor1a,y fo, p1a;n+;fr
The case is bill for foreclosure
PROBATE.
The first and final account of Rev. Hi
ram Bingham and Mrs. Lydia b. Coan,
executors under the will of Miss E. K
Bingham, deceased, charging themselves
with S5,75S.50 and asking to be allowed
the same sum. Petition for allowance
of accounts, final distribution and dis
charge was also filed and the Court or
dered that June II be set as the day of
hearing, publication of notice to begin at
once.
There now remains as balance in full
Of the estate to Mrs Coan, as residuary
egatee, 81 ,079.75, the numerous benevolent
and personal requests, including $1,000 |
to the American Board of Foreign
Missions and a legacy of $500 to Hiram
Bingham, Jr., having all been paid in ac-
with the provisions of the will. !
FEDERAL COURT
A motion was made in the United |
States District Court by Attorneys Kin !
ney, Ballou & McClanahan and H. A |
Bigelow, for the defendant in the case of |
United States VS.. F. 0. Sodergren and |
Y. E. Stewart, to amend the instructions |
Of the Court to the jury in the case. for |
the purpose of perfecting the appeal to |
be taken to the Court of Appeals at San |
Francisco The defense claims that |
Judge Estee's charge was not correctly |
taken down by the official court report |
er and moves that the records be |
changed according to the charge report |
ed by their own private stenographer, |
who was present in court. The matter |
was continued until Monday. May Is.
The case of Robert r. Hind VS.. brig |
antine Consuelo has been set for trial |
FOR Thursday, May Is, 1901. Paul Neu- |
mann is attorney for plaintiff and Rob |
ertson & Wilder for the defendant
United States District Attorney John |
Baird yesterday filed his appearance as
one of the attorneys for plaintiff n the |
case of the Territory VS.. Liliuokalani and |
John II. Wilson.
United States District Attorney Baird /
s contemplating a few weeks Of rest |
md recreation In the uplands of Maui.
he expects to leave on Tuesday next for
his vacation. which has been ordered by |
his physicians.
EXECUTIVE COUNCIL
An executive council was held yester-
lay, but there was nothing done and the |
secretary reported that there was moth I
ng to be given out in regard to the /
meeting.