The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-12

charged, was heard by Judge Gear yes
terday. 1t was the suit of Q. H. Berrey
VS.. Harrison on appeal from the District
Court. The suit was on a note for $129,
which defendant claimed to have already
paid. He testified that Berrey had lent
him hundred dollars a year ago, for
which he gave note for $40 and agreed
to pay interest at the rate of ten per
cent a month, Some time afterwards
BeFPey told him thae note ltd been lost,
and he CHarrison) signed new note
for s129, which included interest. Harri-
son testified that he had made one pay
ment of $50, another of S. and third of
$685. and thought he had paid it all.
The case was concluded yesterday after
noon and submitted to the court for
decision to be given later.
CHINESE WITNESS IN TROUBLE.
Al Leong, a Chinese, subpoenaed to APP
pear before the grand jury yesterday,
and who failed to obey, was arrested
upon a bench warrant during the after
noon and taken before Judge Gear in
chambers. The witness, through the in
terpreter. testified that he was too sick
to come, but had no intention of DISC.
heying the Courts mandates. Judge Gear
reprimanded him severely upon his ac-
ton, and cautioned him that if he ever
again refused to obey a subpoena he
would be heavily fined.
CATHCART ON THE BENCH.
The Supreme Court heard arguments
all day yesterday in the famous Kamalo
suit, and will continue the hearing this
morning. Acting Attorney General Cath
cart occupied a seat upon the bench. as
the second associate, Judge Little not
being able TO remain on the bench, CIV
ing to court duties at Hilo
S. NJ. Ballou opened the argument with
motion on behalf of Frank Foster TO
have the case remanded to the Circuit
Court for another trial on the ground
that evidence had not been allowed by
I the lower court upon the amended plead
ings He was followed by Robertson on
the same motion, in behalf of Hustace
and Egan. Robertson closed his argu-
ment in the afternoon, anil vas followed
by Davis and Stewart for plaintiff Mr.
Stewart will continue his argument 10
/, day
FITCH GETS ANOTHER BIG FEE.
Tom Fitch gets a $4,000 fee for his share
in having the Kalua Kapikini spend
thrift trust terminated. The estate
amounts to little less than $4,000, of
which Fitch gets twenty per cent gross,
Davis gets $3.50, Magoon $3.50, Humphreys
& Gear $500.
n iIlOtIOII W SlFlhe MdSOOn S appeal
from the files was also filed yesterday
on the ground that he is not Kapukini's
guardian. He is referred to in the pc
ttion as the late guardian" Kalua
h2pukini herself files an affidavit deny
ing that Magoon has any authority u
; act for her, or that he is her guardian.
a further complication of the case
comes in demand upon Magoon to turn
over to VIM. S. Fleming, as trustee. all
the property of the trust, particularly
three notes of the value of $500, $40 and
$3.50 respectively Unless the property IS
delivered by today at noon, Magoon is
notified that suit in assumpsit will be en-
tered, and that an order will be asked
to show cause for contempt of court in
not obeying Judge Titles order. An
agreement is made part of the proceed
/ ing, showing Fleming to be trustee. wislI
power to collect rents and pa Gus all
moneys ordered by the court. He IS to
pay to Fitch all money advanced by him
to kapukini, and to pay to him "twents
per cent of the gross value of all the
property, real and personal, that has
been or may be released TO Kalua KaD1i-
KIM by virtue of the decision of Judge
Little" Fleming. as trustee, is to re-
ceive one per cent of the total property
as his commission.
COURT NOTES.
In the kapiolani Estate cases. three
defendants. Peck & Co. W. r Castle.
trustee, and L. A Thurston. have
joined in request upon plaintiff to pro-
duce paper purporting to be a deed
from one kahopuipui 10 kalakaua.
dated June 20. 1874
supplementary accounts have been
/ filed by Joseph O. Carter. guardian of
Edward Julius Hardee and Charles
Mark Hardee
J. F. Morgan has filed his report of
the sale of property OF the a. c, Pes