The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-28
Venires for Juries
Issued for Ser
vice.
TOM FITCH TELLS
ABOUT HIS FEES
Got Almost as Much From da
Silva Estate as Did the
Heirs.

Judge George d. Gear will preside
at the February term of the First Cir
cult Court He issued the order for
juries yesterday morning. and the ven
Tres were placed in the hands Of Bail
ifs Hopkins and Ellis for immediate
service. Thirty-six petit jurors were
summoned by Judge Gear, and a
grand jury of twenty-four members.
They are ordered to appear in court
Monday, February Sd, at 10 o'clock a.
m. No excuses will be accepted at this
| term of court, and the juries will be
kept busy pretty nearly all the time
with two courts continuously III ses-
sion, and a further probability that
Judge Robinson will be commissioned
| before the conclusion of the new term.
| The Da Silva estate and Tom Fitch's
attorney fees furnished a half hours
amusing entertainment in Judge Gears
court yesterday morning. The matter
was presented by Attorney Vivas upon
request for an order setting aside
the first distribution of the estate and
ordering a share paid to the sister of
the deceased. Mr.. Fitch hadn't any
objection to a division of the estate as
long as it didn't affect his fees, but
when it came to that point he objected
on the ground that the attorneys fees
should be deducted before any division
Of the estate was made.
How much did you really get out
of this estate?" asked Judge Gear.
There was my first $3.50 as retainer,
and then about $500. 1 had an agree
Wit IA nv VIII /
was to get 20 per cent of all the prop
erty in case L succeeded in ousting the
administrator and securing the estate
for her.
How much did she get out of it?"
inquired the court.
Il don't exactly know" replied Mr..
Fitch. She got the jewelry, and a half
interest in real estate worth probably
81, $50. The sister was to get as much
out of $50 as counsel wishes to send
her"
You both admit that this new claim
ant. the sister, is entitled TO a part
of the property" questioned the court.
Il admit that she is entitled to half
the real estate and the net proceeds
after my fee has been deducted; if the
decree is modified 1 think the new heir j
should take With it the contract under
which the estate was obtained for her.
If l hadn't had the property admins
tered there would have been nothing ,
left for either of them. don't believe {
the court has jurisdiction, anyway" l
Il was waiting for you to say some :
hing about that remarked the court. I
The decree was signed and order of I
made" added Mr.. Fitch, :,
TO be carried out if no new claimant +
appeared within three MONTHS and I
lone did appear within that period. /
All L wanted was chance to explain. ,
rhe newspapers have been making n
considerable out of this, and l thought a
ny side should be ventilated. My fee I
vas only what was agreed upon by -
Irs. Da Silva" 4
The court is not here ventilating W
our case, just because the newspapers -
umped upon you" replied Judge Gear. n
Frank Thompson, appearing for Mr.
'itch, then moved that the motion of
Attorney Vivas for redistribution be
tricken out, on the ground that the II IL
curt had no Jurisdiction. Judge Gear ,,
ooN the matter under Amusement. 81
A PHANTOM ESTATE. !,
Geo. R. Carter, administrator of the Ell
state of L n. Hayden. flied his final d,
counts yesterday and asked that he be a
discharged. After paying various ex- a.
enses, there remains on hand the sum st
$24S against which there are outstand- {
ng claims for $402.25, The administrator g g
stS various small notes and 5000 shares s,