The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-29
The COURTS
YESTERDAY
Choy Look Sees
Case Is Decided
in His Favor.
SUPREME COURT
DIsQUALIFlCATIONS
Argument Made by Attorneys
Before the Highest
Judges.

The argument of counsel in the test
case of Choy Look See VS. the Royal
Insurance Company, after four days
trial was concluded yesterday at the
noon hour, and the case given over a
few minutes later to the jury, Judge
Gear instructing them to take luncheon
at the hotel The twelve men in the
custody OF The bailiff returned to- the
jury room and remained together all
afternoon. About 2 p. m. they appear
ed. before Judge Gear. the foreman
stating that disagreement was prob
able. The court Instructed them to
deliberate further. At, p. m, they sent
for 4 copy Of the courts instructions
and az o'clock had not reached a YER
diet
A little before O'Clock last evening
the jury in the insurance case. found a
verdict for the plaintiff, awarding the
same the sum of 81 900 with interest at
six per cent from the date of the fire.
Immediately after the decision had
i
was drawn 10 try the action of Kapio-
lani Estate VS.. A. S. Cleghorn This
case viii be called at 10 o'clock today.
COURT NOTES.
In the assumpsit action OF r. Isaac
& Brother vs.. Pacific Import Co, the
defendant has made answer to plain
tiffs' complaint. pleading the general is
sue.
Isabella Silva has petitioned for the sp-
pointment o. Augusta Bell as admins
traitor Of the estate of Jacinto Rawllno,
deceased. Petitioner Is the daughter OF
the deceased and it is stated that said
| estate is Of the value of about $50, con-
sisting Of { leasehold of property On
Punchbowl with cottage thereon Said
petition wiz De heard on Friday, Au-
gust 2.
The mortgage made by b. l. Marx,
guardian of A. NJ. Moore a minor. to
| the trustees Of Oahu College, date June
e, 1901, was yesterday approved by Judge
Gear.
The annual accounts Of Chas B.
Cooper, guardian or ReynotI f5ruuIe NC
Grew, have been referrei to George A.
Davies, as master, to examine and report
thereon by Monday, July I, at go a. M
The case Of Kapiolani Estate vs.. a. s..
Cleghorn, an action In ejectment, was set
for hearing yesterday at 2 p. nl., but wos
postponed until today. II will be hear.
this morning.
Mrs, X Lazarus, grandmother of Mad
| aline II. K and Eleazar Lazarus. has
| filed an appearance in the matter of the
estate of said minors, praying that she
be appointed TO succeed Joseph o. Car
ter, administrator, who has resigned
| KAHoOKANo ESTATE.
! The matter OF the masters report on
the guardians accounts IN re the estate
OF the Kahookano heirs, came up before
Judge Gear yesterday morning. The mas
ter, F. j: Russell, filed his report some
days ago, stating that although the ac-
counts were found, upon examination. to
be correct, Yet it appeared that the guar
dian, the Hawaiian Trust & Investment
Co., had made no effort to collect debts
due said minors, or to make profitable
investment. T in any way to advance
the interests of the estate, simply acting
as a bank OF deposit and withdrawal
Mr.. Russo therefore recommended the
tappointmert Of another guardian.
A Representative of the Hawaiian Trus,
4 Tnyesine.lt Co. appeared In court an6
made EXP cations that were declared &
be perfectIF satisfactory to the court
The accout7s Of the guardian were ap
proved, tbs me- ster's report confirmed. tn.
guardian ordered discharged and his bono
ordered cancelled upon the appointment
of new guardian. and the master al
lowed fee OF $50 Further hearing wa.
continued until Friday, July S. at s:S
a. m.
SUPREME COURT.
In response to the invitation to tn,
members of the Bar issued by the Su
I A " NJ
ex-Judge Stanley and M. Ballou ap
peared yesterday morning and partici
fpated in the argument on the question o
1.-THE disqualification of justices who ar
interested in tide-land properties in hear
ing cases which involve points that nigh
affect their property in the future.
Chief Justice Frear stated the case. II
said that there w2s 10 question as q
disqualification on account of direct IL.
terest In the cases now before the court
but because members of the court owne,
or were interested IN property that nigh
by involved in similar cases. The impor
tant point is thatsof the passing of fish
Ing rights with land titles.
Attorneys Ballou and Hatch held tn
opinion that the Justices were not dis
qualified Attorneys Magoon and Stan
ley being of the opinion that there wer
| reasons in favor of disqualification. Mr
Stanley heio empnaticaiiy 10 the Yles
that the Justices were disqualified in tn
cases under discussion, quoting numer
GUS authorities
Chief Justice Frear and Justice PER-
: are both said to be concerned in the mat
ter, each being interested In dde-lan
property. In case the court decides tina
the two Justices are disqualified, tw
members Of the Bar will be called upo
to sit with Justice Ga1braith on tn
: cases under discussion when they com
: up for hearing before the Supreme Cour-
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