The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-07-04
DUNE ASKS
A BIG FEE
Wants $1,000 for
Work in Parker
Case.
drrom Wednesday, DanyJ

appointed e. represent Annie T. n.
PARKER In the appeal from his decision
relative 60 McBryde bonds, yesterday
Ned an application for attorneys fee
of $1,000 for Forvices in connection with
the case
This is the case I'm which the First
Judge disapproved the Investments
made by Alfred w. Carter, guardian OF
Annie 4. X. Parker, in McBryde bonds
"a the amount of SEC. $50; $4,000 in Waia-
lua bonds and $500 in oahu Railway
bonds. Carter appealed from Humph-
reys order and then the judge APP
pointed Dunno to represent the ward
In the Supreme Court.
Dunno, in his application to Judge
Humphreys for a fee. says:
Petitioner further shows that the
oral argument of said appeal consum-
ed one and one-half days of said courts
time and that your petitioner fully par
ticipated in said oral argument, and
occupied three hours in presenting the
cause pursuant and in obedience to the
order Of this court appointing your pc
titioner said guardian ad litem.
And in addition thereto, and in the
further performance of your petition
ers duty as such guardian, your petit
toner filed in said Supreme Court in
the matter OF said appeal. a written
brief of rs pages. in which the matters
of fact and questions of law in said
appeal Were fully discussed.
Your petitioner further shows that
said appeal involved a mixed question
of law and fact.
That the facts involved were num-
Crous and the issues of law were diff
cult, your petitioner does not believe
viii be disputed. And your petitioner
believes that a fair and reasonable
compensation for the time and labor
expended would be the sum OF one
thousand dollars
Judge Humphreys has set Saturday
as the day for hearing the petition.
AMENDED COMPLAINTS
Amended complaints were filed yes
terday in the cases of T. l.. Hunter ct
al. w. John M. Dowsett. and In the case
of C.. A. Long VS.. E. e. Marfarlane ct
III. The first case is that in which An
ma Widemann Bruno claims that Dow
sett fraudulently retains possession of
her property. The second suit Is that
of the Hogan troupe against the hui
which brought the minstrels here
ENDED IN A FIZZLE.
The case of Kaniniu VS.. Kalai, suit
to set aside a deed, which has been
raging before Judge Robinson for over
two weeks, came to a sudden stop yes
terday after the case was thought to
have been closed. 1t will probably be
necessary to try the wearisome suit for
the second time. After both sides had
closed their case yesterday morning
and both attorneys were ready for ar
sument. Attorney Peterson offered ia
the court three deeds of the property
in question, conveying the land from
the defendant to her three children
The deeds were dated few days prior
to the commencement Of the suit. At
torney Robinson objected to the offer
ing and said that the defendant was
barred from showing, having admit
ted on demurrer and in the answer that
she owned the land. He commended
that the leases should have been offer
ed at the time of the commencement OF
the suit as a bar to the action of the
plaintiff, and asked leave to amend the
petition so as to include the present al
legged owners of the land. Judge Rob
inson allowed until next Tuesday to
amend the complaint, and it is prob
able that the case will not be heard
then. but will be tried for a second
time later AS the first trial required
Is days, there is not a very pleasan,
prospect in wait for court and attor-
neys
HOLDS LAW Is UNCONSTITU-
TIONAL.
Judge Humphreys yesterday in dis
missing the appeal of plaintiff in the
case of Kennedy VS.. Reynolds, declared
the law permitting appeals to Circuit
Metz, a,
Courts was unconstitutional. He has
ed his decision on the seventh amend
ment, and holds that in all cases where
the amount involved is more than 81
the parties are entitled to a jury tria
by virtue of the United States consti-
tuition. This is barred by an appeal tc
Circuit Judge in Chambers, but is per.
missibe on an appeal to the court it.
self, which may summon jury.
THRUM'S WILL FILED.
Tie will of the late George T.. Thrun
was offered for probate yesterday BY
his father. T. G. Thrum, who is named
therein as the executor. The estate
consists of real property on Hawaii anC
in Honolulu. and of personal property
the value of which is given as $4,000
The property is divided equally amOni
the brothers and sisters and parents o.
the deceased excepting a lot of lant
at Kamaiki, Hawaii, which Is devised
To brother. Frederick w. Thrum. Thu
will IL dated May q, 1898.
CLAIMS ARE BARRED.
Robertson g. Wilder, representing tn,
Territory in the fishing right cases
have entered plea to jurisdiction in thu
suits of j. M, Monsarrat and l.. L. Nc
Candless. who filed their claims Jun'
18th. The defendant asks a dismissal
''for the reason that said cause was no
filed within the time allowed By Sec
ton &C of the Act of Congress of tn,
United States of America approved OF
the soth day of April. 1900"
SET FOR TRIAL.
The following cases have been set TO
trial before Judge Humphreys Monday
at which time the special July tern
opens: