The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-19
BEATING md KILLING
HORSE WORTH $50
Scene Of the Tragedy
Visited By Court
And Retinue.
nEMuRReRs TO mrs. eERTz' SUIT
J. A. MACON IN DUAL CAPACITY
ALLEGES THE COMPLAINT
HAS MANY FLAWS.
Minister Carriers Heirs Admit They
Want His Brother Discharged
From Trusteeship Without Cause
Other judiciary Matters.
DEMuRRERs TO mrs. eERTz' SUIT

Lum Sung was placed on trial for
malicious injury before Judge Gear
yesterday. ]. w Cathcart, deputy at
torney general, for prosecution; Sam'l
F. Chillingworth for defendant The
following jury was empaneled: Paul
E. R Strauch, Frederick B. Damon,
Frederick S. Lyman, Jr.; Clinton j.
Hutchins, Martin Bowers. Isaac Har-
bottle. Captain Isaiah Bray. Charles
Bon. Joseph Lightfoot, Milus W. Park
hurst, James ]. Mcdonald and Arthur
Coyne. At 4 p m the court and all
hands went out to view the premises
where the malicious INJURY was al
legged to have been committed. The
actual charge is beating and killing
the property Of San Kanahele, to-wit.
a horse OF the value of $50"
B. Kaumahi, having paid his fine OF
800 and costs imposed by the District
Court, was discharged
Moke Nahulu, who appealed from
the District Courts sentence of three
months Imprisonment and payment OF
costs for beating a woman. withdrew
his plea of not guilty and on pleading
guilty was fined 81 and $3.50 costs.
Cresporo de Aies, an appellant from
a fine of 500 and costs for liquor sell
ing without license. changed his plea
to guilty and, on motion of Mr.. Kaulu-
kou, was suspended for six months.
F. d. Haskell, against whom two
cases of gambling have been pending
for several terms on appeal from a
fine of s25 in each case in the District
Court, was discharged on nolle prose
Qui yesterday. Haskell is serving a
sentence of two years for stealing a
quarters worth of cigars from Chi
nese store. the magnitude of the Pc
nalty being due to the criminal record
of the prisoner.
In the case of Maioho VS.. Maioho,
Judge Humphreys allows the sale of
the property described of A. w. Mai
Ohio. deceased, on the. Island Of Oahu,
but not the homestead property at Ko-
loa. Kauai, and appoints w. o. Smith
commissioner to sell said property at
public auction. giving notice in two pa
pers for not less than two weeks, and
make due report to court
]. Alfred Magoon, in his personal
capacity and as trustee for c. H. Ban
ming, demurs to the bill to revoke
foreclosure brought by Anna Gertz
in her own behalf and as executrix
of the will of Christian Gertz, de-
ceased. For grounds he alleges mis-
joinder of parties defendant, mis-
joinder of causes Of action, the bill is
multifarious; also that the bill shows
on its face that 1t is barred by the
statute of limitations. that plaintiff
does not offer to do equity by return
ing the principal and interest OF mort
gage; also that the said bill does
not show any defect in the fore
closure proceedings that would a1ect
bona fide purchasers for value with
out notice. and the said bill does not
show that John Buckley and Maria
]. Forbes were not bona fide purchas-
ers for value without notice Of plain
tiffs' alleged rights in the premises;
that the bill does not show that the
title of the property is in plaintiffs
or either of them, and that the bill Is
ambiguous, unintelligible and uncer-
tain. John Buckley by his attorneys.
Holmes & Stanley. demurs on his own
behalf. upon grounds much like Ma
goon's. He says there is no offer on
the part Of plaintiff to do equity by
repaying to him $3.50 paid by him
for the property In Queen street
An answer has been filed by Sybil
A. Carter. Geo. R. Carter. Frances l.
Crehore. Agnes c. Gait and Cordelia ].
Carter to the bill in equity for advice
and instructions to trustee brought by
]. o. Carter. They admit that the
trustee was requested by several Of
the defendants to resign and declined.
but deny that the request had relation
to his competency. He was legally en-
titled to comply with the request or
refuse 1t, but these defendants say
he is not entitled to the advice and in
struction of the court Petitioner is
a brother of the late h A. p. Carter,
and trustee of his estate and respon-
dents are the DEFENDANTS heirs The
case has reference to the rights Of in
heritance of the children of the late
Chas. L. Carter. who was one Of the
decedent's principal heirs
W. F. Frear. Young On Choy and
Joseph Goo Kim by their attorneys.
Robertson & Wilder. demur to the suit
for abatement OF nuisance brought
against them by Manuel da Quadros-
They deny Jurisdiction and say that
several causes Of action have been i'm
properly united EEE
Kinney. Bailou & Mechanism. At
torneys for garnishee. give notice OF
examination OF their client before
Judge Humphreys on Tuesday next In
the case Of Wing Now Chan Va zee
Hop. both being firm names. and Oahu
Sugar Co. garnishee.
A joinder in demurrer has been fled
in Honolulu Stock Yards Co VI. W.
C. Achi. The attorney for plaintiff.
Wade Warren ThAyer. moves to ret q
day for hearing. &.
lawrence n Dee has brought suit
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