The Hawaiian gazette., 1901-09-24
FIGHT FOR
A FORTUNE
DaushterandAunt
Want Smiths
Insurance.
(From Saturdays daily


The amount was the insurance car
ried by the late David B. Smith. pro-
prietor Of the Manufacturers Shoe Co.
in the Equitable Life Assurance Com.
pany of New York. The rival claimants
to the estate are the daughter of the
deceased, Mrs. Name Burke, and ar
aunt, Mrs. Olivia Brown, Of Indell coun-
ty. North Carolina Though the insur-
ance company is the real defendant in
the case, and is resisting the payment
of the policy, it Is only for the pur-
pose of preventing it's payment Of tc
administrator Of the estate of David
more than one person.
The title Of the case Is Cecil Brown
Bowers Smith deceased VS.. The Equit-
able Assurance Company of New York
and Bruce Cartwright of this city, who
is the local agent OF the company and
who is named in the petition as gar
nishee. The policy upon which the suit
is brought was issued in Honolulu De-
cember 18th. 1897, and two years later,
December oath, 1899, Mr. Smith died.
He had paid to the company in pre-
miums during that time the sum of
$2469.25. When a demand was made for
tHt payment VI tIt putty III
it was refused, on the ground that the
loss was payable in New York. ana the
contention here is that no demand had
ever been made by Cecil Brown as ad
ministrator, for the payment of the
$25, 900 in that city.
The defendant also claims that a de-
mand had already been made in New
York for the money by Olivia A. Brown.
a resident of~North Carolina, and that
she had been appointed administrator
in the surrogate court of New York
May II, 1900 and on July %, 1900, began
suit in the United States Circuit Court
of the southern district upon the same
policy 1t appears that Mrs. Brown is
an aunt OF the deceased and bases her
claim upon the allegation he was in
debted to her in the sum of $1,000 for
money advanced to purchase his stock
of goods in Honolulu, and she filed her
claim upon the policy of 1875, 900 as prop
erty within the state OF New York. and
consequently subject to the debt.
The following jury was impanelled to
hear the case yesterday afternoon
Harry z. Austin, Lawrence H. Dee,
James Olds. Jr., A. N. Almy, E. Buffan-
deau, George F.. Kiuegel, E. J. Craw-
ford, r. c. Bertelman, Geo. X. Fox, Ed.
Dekum, ]. II. Edwards and w. G. Ash
ley.
The evidence of the plaintiff estab-
fishing the death of the decedent, and
also the fact that a demand had been
made upon Bruce Cartwright and that
the proof of death had been forwarded
to the head office was introduced. At
the conclusion of the plaintiffs case
defendant moved for non-suit, upon
the ground that II had not been shown
that a demand had been made at New
York previous to the commencement Of
the suit Judge Gear refused to en-
terrain the motion, holding that notice
of proof of death was sufficient to con-
stitute a demand, under the terms Of
the policy. Court then adjourned until
Monday morning at which time the
hearing of the case will be resumed.
The attorneys for plaintiff are w. J.
and Silliman represent defendant.
All OF GETS HIS FREEDOM.
All OF is the first Of the transition
period prisoners to get his freedom by
writ of habeas corpus. Half a dozen
different men were released by Judge
Gear, but all were Immediately rear
rested. All OF was brought into court
yesterday at noon, and High Sheriff
Brown appearing In his own behalf.
made a return admitting the facts set
out in the petition. Attorney F. NJ.
Brooks stated that the man was lille
gally held and should be released, but
asked that the Grand Jury consider
his case as soon as possible. The prin-
cin uuit nct
originally convicted of burglary has
suddenly disappeared, and the high
sheriff stated that without him there
was no case against the prisoner. He
did not believe II to be advisable to
bring the case to the attention of the
grand jury, as there was no evidence
against him. The court thereupon or
dered the release Of the prisoner, and
he was allowed to leave the court
house without molestation, no new
warrant having been issued.
NOLLE PROSEQUI IN GILL CASE.
In the case Of Edwin Gill, under in
dictment for assault with intent to kill
Mortimer l.. Stevens, nolle prosequi
was entered by Deputy Attorney Gen
eral George w. Davis yesterday after
noon. Mr.. Gill was present In court
when the case was called up.
The principal witness in this case
has left the country" said the depu-
ty attorney general land We cannot
proceed to trial OF the defendant on
the indictment without him. For that
reason 1 move that a nole prosequi be
entered
Hasn't this witness been gone for
some timer" asked the court.
Il was just informed of the facts
today. your honor. and i don't think
there can be a prosecution. / make
this motion on my own responsibility,
for I don't think there IL any evidence
besides that Of the prosecuting wit
ness"
Judge Gear then ordered that a nolle
be entered upon the showing
made by the attorney generals de-
partment. He stated that Judge Hum
phreys told him before leaving that
the plea in abatement was still to be
passed upon. but In view of the action
OF the attorney general this was un-
You will be discharged,
, - said tho r0yrt In ConoItciop