The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-08
DAVIS SAYS
DON I PAY
Advises Defiance
Of Humphreys
Order.

William H. Barth was yesterday or
dered to pay his deaf-mute wife ali
mony TO the amount of ten dollars
week. an attorneys fee of one hundred
dollars and court costs of twenty-five
dollars. The case was heard before
Humphreys in chambers yesterday
morning. Davis appearing for the de-
PENDANT and Russell & Watson for COM
plainant. Davis demurred to the COM
plant on the ground that such ac
ton without divorce was improper
J pleading. and that no divorce could be
applied for, because of the fact that
| the parties had not lived here long
enough TO make such an action good.
The demurrer was overruled and the
plaintiff introduced testimony showing
the facts leading up to the separation.
The wife is a mere girl, and quite hand
some.
An Interpreter versed in the sign
manual repeated her story to the court.
After Judge Humphreys made the or
der OF alimony. Davis turned around to
his client, Barth. and said, quite audi
bly,, Don't you pay it. If he sentences
you for contempt, / will get you out on
habeas corpus
DOVER ADMEASUREMENT.
Judge Robinson yesterday afternoon
heard the case of Sophia Kahaleaahu
VS. Manuel Pereiera for admeasure-
ment of dover. Plaintiff claims an in
terest in valuable Liliha street proper
ty through William II. Pease, a former
husband, now deceased. The defen-
dant's title is through Emmeline
Pease, daughter of the decedent, and
| the plaintiff claims it is subject to her
right of dover. The trial was not finish
ed. the case going over until this af-
ternoon at 2 o'clock
CASTLE NOT IN CONTEMPT.
Judge Robinson rendered a written
opinion yesterday, denying the applica-
| ton OF a. 6. Cleghorn to have w. X.
Castle adjudged guilty of contempt in
the matter of the Philip estate. Castle
had decided to Cleghorn the piece of
property under a former court order,
but Cleghorn was unable to obtain ac-
| tual possession because one of the heirs
| of Philip claimed title to a portion. The
court holds that Castle had ''substan-
TALLY and literally complied with the
decree of this court" and that Cleghorn
had not exercised reasonable diligence
in entering into possession of the prop
erty.
CONTEST OF w ILL.
contest has been made to the will
OF David Kahanu, in which he devised
all his property to Kaolelo and his
wife Kaailaiki. The contestants are
the widow Annie Kahanu, and son
David of the deceased. The contestants
ailege that the will was obtained by
fraud, that the testator was an old man
in an enfeebled condition, and COM
pletely under "the influence of a GER
tain woman named Kaailaiki, and that
he was without any Independent mind
of his own. 1t is alleged also that
Kaailaiki told Kahanu that these con-
testants were abandoned persons and
dissipated and depraved. The probate
of the will was postponed
COURT NOTES.
The inventory of the T. E. Krouse
estate was filed yesterday. The prop
erty consists of nine lots in Kapiolani
Park addition. and the furniture and
lease of the Arlington Hotel annex on
Hotel street.
The accounts of ]. A Thompson,
guardian of Jas. b. Roberts. were APP
proved yesterday.
The case of Hawaiian Gazette Co. VS..
]. NJ. Monsarrat has been set for trial
april 10.
The Kwong Lee Yuen co. has sued
the Wing Duach .Chong Co. for $5S54.l9
for merchandise sold and delivered.