The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-01


refused 20 let him. unless he showed
proper papers. Mr.. Lake was then sent
FOR and upon his arrival said that he
thought the boy TO be joking at the
time and did not believe he was want
ed as witness. The matter was con-
sequently dropped.
The last witness of the afternoon was
Ng Ling, who was a fire claimant He
testified that Poon had asked him for
money when he tried to file his claim,
but that he wouldn't give him any. on
cross examination witness said he
couldn't remember what date this was
and admitted that he was an inmate of
the defendants school. and that his un-
Gle was close friend OF defendant
though the witness said emphatically
that he wasn't. Mr.. Mechanism an
nounced that he had five more wit
nesses who would make similar state
ments as to the connection of Poon
with the fire claims. and the court adj
journed until this morning at ten
o'clock
SHE WANTS HER MONEY BACK
Ellen McCully Higgins has instituted
suit against the Queens Hospital by its
trustees and against the Waikiili Land
and Loan Assoc alton for the recovery Of
$4,000 and a mortgage for $3.50 000 which
she alleges is unlawfully in the possess
sion of the defendant and for which she
has received no consideration. Plaintiff
alleges that on July LIST. 1900 the Wa kiki
Land and Loan Association executed to
her a note for sec, 900, which was secured
by $4,000 mortgage upon three pieces
of property at Waikiki, and on King
street. On the 18th of April plaintiff al
leges that she executed a power of at
torney 10 one Elan p Chaplin and that
while she was absent in Charlie sron, said
attorney entered into an agreement on
her behalf by which the Queens Hos
pital was to pay to her the sum of $50 600
in return for which defendant was to re-
ceive her note and the indenture of $780,
600 given her by the Waikiki Land aud
Loan Association. Plaintiff claims fur
Their that neither she nor the said Elan.
p. Chaplin has received the 1900, nor
has either of them directed the Queens
Hospital to pay the money to anyone
else. Plaintiff further states that she
believes the money has been paid to L.
Oscar White and the said Waikiki Land
and Loan Association, and that neither
of them had the right to receive said
sums. Plaintiff further states that she
obtained her first intimation of the facts
related above upon her visit to Honolulu
In November, 1901. when she discovered
the mortgage missing from her safety
deposit box at the Hawaiian Trust Com
pany, and learned that IL was held by
the Queens Hospital as collateral secur-
ity for her note of see, coo, of which she
had no knowledge. She then notified the
Queens Hospital through her attorney.
w. p. Castle, to return the note and
mortgage, which refused, and in
stead she was served with demand for
the payment of interest in the amount
of $500. Plaintiff AYERS further that the
note is null and void, and that the as
signment of the mortgage is of no effect.
She asks therefore for an order decIar-
ha
Hospital he required to surrender the
mortgage to her, and that an injunction !
be issued restraining said defendants
from disposing of the note or mortgage.
Judge Humphreys issued a temporary in
junction yesterday as prayed for.
BEFORE ROBINSON.
Judge Robinson opened court at Q
o'clock yesterday morning to continue
hearing the case of l.. All Pau Wong
Wwai and Wong Hong Yuen. The jury
returned verdict shortly before noon
for the plaintiff. for restitution OF the
property described in the complaint and
for $50 damages The land in contro-
versy is located in the district of Koo-
laupoko. Oahu. Plaintiff sued FOR $3.50
damages.
Judge Robinson sustained the demurrer
in the case of j. Kamio, guardian, vs..
Frank Pahia. This is the suit IN which
defendant was alleged to have taken ov
er property of plaintiffs ward Which
resulted IN his Imprisonment for con-
tempt
PROBATE MATTERS.
Judge Humphreys was occupied with
probate matters and eX-parte motions
yesterday morning.
In the matter of the estate of Nconie
Kaaihue the motion to amend petition
was granted.
The case of Alice Metcalf, trustee. VS..
Emma NJ Nakuina was taken under
title.
In the matter of the suit for parti-
ton, Kaolulo Kahula vs.. the Lee minors,
the partition was allowed, according to
the report CT The commissions. p D.
Kellett Jr., and he was allowed fee of
SIS.
=. d. Kellet ia. was appointed master
10 examine the accounts of j. +. Hack
field. guardian OF the August Ehlers
minors, and the guardian was directed
to file a complete inventory within five
days.
COURT NOTES.
The new order in accordance with TIE
ruling of the Supreme Court has been
filed in the case OF Schlief VS.. Clarke,
reducing the fee of VIII T.. Fisher from
1890 to $50.
The order OF the United States Supreme
Court Diminishing the appeal of the VIII
der Steamship Company, was filed yes
terday.
j. w Lake appears to have troubles
on the civil as well as the criminal side
of the calendar Levers & Cooke yes
terday filed a materialman's lien against
j. w Lake and Miss E. L. McAlpin in
the sum of SOS. - due for the platform
built at the Kahin grounds for the Boer
picnic.
The case of Albert Nawahi VS.. Haka- !
lau Plantation Company was discontinu-
ed by Magoon & Dillon yesterday.
Pedgrift < Pedgrift have given notice
OF mechanics lien to the Ha %a:tan En-
gineerins and Construction Company AMI |
Convent OF the Sacred Heart, in the !
amount of 1867 % for labor upon the con- |
vent.