The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-11-23
.UPREME COURT REVERSEs
JUDGE GEAR.
SUPREME
Could Not Award Her Half Her Hus-
bands Property-Little orders Shaw
To Pay Up.

| The Supreme Court yesterday gave g
| decision, by Justices Galbraith and
! Perry and Acting Justice Little, revers-
| ing the decree given by Judge Gear in
the Nobregga divorce case. The wife
was granted an unconditional divorce,
and Judge Gear ordered the husband to
! turn over to her half of his property,
valued at 100000. The case was one in
| which the circuit court took occasion to
| very severely rebuke the defendant for
his outrageous treatment of the wo-
man.
The divorce stands, but the higher
court holds that the trial judge had no
powed to order the division of the prop
erty. The case is remanded to the
lower court, with directions that the
plaintiff he given such an allowance as
the court deems proper. The order of
the court allowing temporary alimony
and q counsel fee is also reversed, as
the Supreme court holds that the wo-
man was not destitute within the mean-
ing of the statute. j. T. de Bolt ap-
peared for defendant and George A.
Davis for plaintiff.
In the Nichols estate hearing Judge
Little gave a decision yesterday after
noon, ordering Jonathan Shaw to pay to
his former ward Miss Evelyn Nichols,
the money demanded. During the ses-
sion of court Judges Perry and Hum
phreys were both called to tell what
had occurred during their hearings of
the accounts of the estate. Judge Lit
tie referred the matter to ]. A. Thomp-
son as master, to find out what is due
under the ruling of the court Shaw
will have to pay over about $1,000 to
Miss Nichols, as it is stated.
In the suit against Jonathan Shaw by
Evelyn b. Nichols concerning Shaw's
accounts as guardian, it was put in
evidence yesterday that the two shares
of Honomu stock which are in contro-
versy came into the estate and the
guardians hands under the following
circumstances. AS part of the wards
estate there were ten shares of Homo
mu. In 1897 Honomu increased it's cap
ital stock Offering the new stock to
shareholders of record at par on the
basis of one share of new stock for
each five shares held. This entitled the
ward to two of the new shares on
payment of the par value, 500
a share. Shaw bought the two shares
for his ward, but on being advised by
his attorney, Robertson, that as guard
ian, he had no right to invest his wards
estate in that class of securities, he
sold the two shares at public auction.
They were purchased by w. H. Wright
for Shaw at $23250 a share which was
$3.50 a share more than the then mar
ket price. The ward owned the two
shares just thirteen days and realized
profit on them of 1865.
In the Tramways- Rapid Transit case
Judge Estee gave the attorneys until
next Monday to file briefs. The case
was argued by Mechanism and Dunno,
argument being finished late in the af-
ternoon.
Jose Feliciano was found guilty of
burglary in the second degree, in Judge
Humphreys court, and was given a
sentence of one year at hard labor.
Ukioshi and Mort. two Japs found guilty
of malicious injury, were fined 81 each.
Two new attorneys were admitted to
the courts of the Territory yesterday.
They are Edward M. Watson and
Henry w. Robinson. Watson is gra-
duate of the law department of the
University of Mississippi and was ad-
mitted in that state in 1897. Robinson
was admitted to the bar in Kentucky,
in 1896