The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-25
KAH|L |MA'S
WIFE FREE
A Kauai Senator'S
Spouse Gets a
Divorce.
PRENDERGAST's
LITTLE PLUM
Home Rulers Management Of
Estate Criticised-Robinson
is Busy.

The wife of Senator L. H Kahilima.
of Kauai, was granted a divorce by
Judge Humphreys on the ground of
cruelty. She was allowed also alimony
of $1,000, an attorneys fee of $3.50 and
the defendant is required to pay the
court costs. Kahilima appeared in his
own behalf
When the case was called for trial
yesterday morning the defendant, who
is unable to speak or understand Eng
fish, stated that he was not ready to
proceed. as his witnesses We're on
Kauai. The court inquired if he had
not been given two months time to
prepare his case, to which the Sena-
tor replied in the affirmative, and the
court then ordered the plaintiff to pro-
coed. stating that no continuance
could be granted. though he would be
willing TO wait for any witnesses re-
siding in Honolulu.
Mrs. Kahilima, who was the widow of
S. G. Bertleman. then went on the
stand and told a narrowing tale of the
defendants alleged cruelty. She men
toned divers occasions when he pull
ed her hair, stood upon her, pinched
names. She related one incident of
their married life on Kauai where the
Senator dragged her over fence by
her hair. and upon one other occa-
sion in Honolulu he is alleged to have
pulled her down a flight of stairs by
the hair She said that he threatened
one time to pull her bald-headed. She
also claimed that he spent from 81 900
to $4,000 of her money in riotous living,
and that she was compelled to pay the
household expenses, though he was
amply able to do so. She said that he
was addicted to strong drink, and was
insanely jealous of her, accusing her
on many occasions of going about with
old sweethearts, which she denied. He
called her proud because she bought
everything in her own name, and
wanted her to put her residence in his
name, and when she objected. he mis-
treated her. She testified also that
he told her daughter that he would
not allow Mr.. Bertleman's picture to
hang upon the wall, and threatened
bodily injury in case it was not re-
moved. The part of the testimony re-
lating to defendants cruelty was cor
roborated by several witnesses, and
then Senator Kahilima went on the
stand in his own behalf He denied
fatty that he was guilty of the abuses
charged by his wife, and said that he
mad always been kind to her, and paid
the household expenses. He denied the
charge of drunkenness, or that he
money belonging to his
wife. According to his testimony they
were living in peace ana pleasure,
married only occasionally by the usual
luarreis of married life. and the trou
bic then arose over the children by
his first wife's husband He said he
-reated them kindly, however but OBJ
ected to providing for all of them.
AT the conclusion of the evidence
Mrs. Kahlima was questioned as to
Ter income, and she testified that be
sides the income of a lease held by a
.ugar company and her residence, she
lad nothing. and as the lease ran out
n seven years, she would then be de-
pendent upon her sons. who had
agreed TO take care of her.
Judge Humphreys. in granting the
iivOrce. stated that there was some
ioubt under the statutes as to whether
divorce could be granted for cruelty
InlesS the suit was brought within a
ear of the time of the commission of
he offense charged. As the last as
aUlt was upon December 30 1901. he
i'd not know exactly how to construe
he statute. as in case this was a stat
Ite of limitations the failure to bring
he suit after the first crueltieS might /
'e construed to mean that the assault /;
lad been condoned. There is abund- !
mt evidence. however" said the court. !
to justify the divorce. and To render /
impossible the refusal of the court to |!
rant the decree. as to the cruelty |
lleged to have been committed De-
ember %. 1901. The charges in the /
omplaint that this defendant is adj /
icted to habitual intemperance, or /
hat he squandered large sums of mon !
y, l do not find TO be true from the
violence presented, as it was not cor
oborated The plaintiff says that he
4uandered from $1,000 to $4,000 belong
lg to her, but this testimony is not
orroborated. In fact, from the re-
eipted bills introduced in evidence. it
ppears that some Of them We're con-
racted before the marriage. and the
efendant was under no legal obiga-
on to pay them. whatever his moral
uty may have been. Ninety-nine per
INT of these bills were made out in
lie name Of Mrs. F. c. Bertleman. and
is presumed that she contracted
lem. The uncontradicted testimony
, defendant shows that he helped TO
lpport the five children of his wife,
: we'll as their mother.
The plaintiff is entitled to some
imoHy under the showing made 1t
ppears that the defendant is a man
considerable property. and in re-
.ipt of an income of from $500 to
900 per anHum. The plaintiff also
vns considerable property; she has
,sidence at Kalihi which is worth
600. and enjoys and viii enjoy for
e next seven years. at least. an in :
me of $4,000 from her lease. She Y
rs but two minor children dependent
Don her for support. and in view of
| the circumstances. | think alimony
the lump sum of $1,000 viii be
,out right"
The court based his decree upon the
I of cruelty committed December %.
Of. and allowed an attorneys fee to Y
r. McCIanahan of $3.50. the defend :
1t to pay also the costs of the case
stay of execution for one month
as granted for the payment of ali
ony. attorneys fee and court costs.
IN ROBINSON'S COURT.
Judge Robinson had busy day yes
rday. passing upon several demur-
rs hearing an insane matter and
E