The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-16

havior and that he was more sinned
against than SHINING.
Thayer made an excellent plea, but
was dumbfounded when his client said
that he would plead not guilty. The
Judge allowed the client, attorney ana
an Interpreter to go into the hallway for
conference and arrive at more def
mite understanding than that already
presented to the Court. The trio return
ed, and the attorney resignedly told the
Court that the boy had changed his
mind at the eleventh hour and he would
stand trial His plea of not guilty was
withdrawn and the case will be given
special hearing.
ONLY MORTGAGE LEFT.
M. G. Silva, administrator of the es-
tate of J. Cabral Nedeiros. filed a petit
ton in the Circuit Court yesterday. ask
ing the privilege of disposing of a mort
gage given by Auguste de Jesus and
Domingo Fernandez, given July 81, 1900,
for. s40O The administrator claims there
is a widow and six children left as the
heirs of the deceased. and no funds are
available for their support except the
mortgage, the interest on which Is pay
able semi-annually.
QUEEN PERPETUALLY ENJOINED.
Her Majesty Queen Liliuokalani has
been perpetually enjoined by order OF
the First Circuit Judge from removing
gravel and sand below high water mark
from the tide lands of the Territory OF
Hawaii, and particularly from her lands
! at Waikiki, which came to her from
King Kamehameha ~.
| The injunction was prayed for by the
agents of the Territory on February z.
when they petitioned to have Liliuoka-
! lani, John H. Wilson, their agents, ser
wants, vendees and licensees .enjoined
from removing sand and gravel from tho
J ot,a 10 A raStrain-
| ing order was issued. The defendants
were given until February II to answer,
and failed to do so, either in writing, by
attorney or in person.
SMITH LAND SALES.
The return and account of sales o.
real estate in the action brought by
Samuel C. Allen vs.. George Washington
Smith and Ida E. Lamb was filed yes
terday by George Lucas. commissioner
Circuit Court, dated January 10. iao1- The
sale was held on February 8, through
Auctioneer Morgan.
The first piece of land sold WAS tn,
undivided half belonging to George w
Smith. at Lihue, Eva, Oahu, to S. h
Kane, trustee, for $500. The secone
sale was of an undivided half belonging
to Smith, in Nuuanu valley, sold 20 I
w. Hebron for $3.50. Section 4, land II
Kekio tract Honolulu, was sold TO 5
X Kane for $500; in all, aggregating S.,
$50. The net proceeds of the sale ar
s2,94o15, not including the commission
ers fee. The commissioner asks tina
the sales be confirmed.
COURT NOTES.
George Lucas, commissioner, has file,
a return and account of sales of rea
estate and petition for order confirmin;
sale in the case of Ida E. Lamb VS.. Geo
Washington Smith, ]. F. Kahoa an
Hannah Kaiwi. The real estate, locat
ed on School street was purchased b,
Henry Waterhouse for s2,10O.
Mary A. Coffield, plaintiff In dam
gage suit against the Territory, yester
, day filed bill of exceptions against tn
ruling Of. the court that defendants de
murrer should be sustained. The Cir
cult Judge found the exceptions con
formable to the truth and allowed them
Defendant in the case of M. Gusma
! Silva vs. j. A. Magoon, administrato
of the estate of Antonio Fernandes, de
, ceased. has been allowed by stipulation
between the attorneys ten days iron
: date after the filing of an amended bill
. of particulars, TO conform to the pray
! er of a motion heretofore made herein
in which to demur or make answer t
plaintiffs complaint.
+; Owing to the illness of the attorney o
&c. c.. Biting, whose habeaS corpus pro
ceedings were to have been heard in tn
United States District Court yesterda
L morning, the matter was set over unit
Monday morning at the same hour.
: letter from the attorney came to Judg
/ Estee with that request contained there
in.
/ The Court allowed the accounts of
K Mcintyre, executor, and Jane S
; Walker, executrix, of the estate OF tn
late John s. Walker. Mrs. Walker wa
1 instructed that under the provisions c
D the will she was not under the necessit
of filing any further accounts.
: J. A. Thompson was appointed com
missioner to take the testimony Of Fa
Their Leonore in the matter of the estat
: of A. A. Doiron. On the Island of Mat
in the same case, j. N. K. Keola wi
take the testimony Of j. A. Aluli.
a The accounts of George Boardman. e.
I ecutor under the will of the late Eliz
: j. Boardman. were allowed and his dis
: charge ordered.
i The accounts of Henry Smith In tn
estate OF Captain Harry English wer
r allowed and he was discharged frol
: further service. The three sons are
q be given one-fourth each and the tnre
: grandchildren are entitled to the remain
r ing one-fourth No guardian for tn
y grandchildren will be appointed, as tn
amount Of their legacy is extremel
o small Henry Smith was instructed
q pay the amount over to some one Inter
q ested In their welfare and to use 1T In
,. discreet manner.