The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-14
Mr., MACON
ASKS A FEE
Wants BeekytoPay
For Defeating
Her.
IL. p. DOLE CITED
FOR CONTEMPT
Mrs. Rosa Wants Dover Before
Debts Are Paid-Criminal
Cases Disposedsof.

/ MS services III heeplHS bSchy IdItSe
under his guardianship. The applica-
ton was made before Judge Gear by
Magoon, who claims that he is entitled
to an attorneys fee as much as is Thos.
Fitch who was unsuccessful in his eff
fort to break the spendthrift trust.
Becky herself objects vigorously to the
allowance of a fee to Magoon for SER
vices in direct opposition to her wishes,
and made her protest known quite en-
phatically in the hearing held before
Gear.
Magoon in his application for an al
lowance does not state the value of his
services, but intimates that he is en-
titled to as much as Mr.. Fitch, who
was allowed $3.50 by Judge De Bolt.
Judge Gear took the matter under ad-
visement and will render decision
later.
An application was heard also before
Judge Robinson yesterday for an at
torney's fee of $500 by Col. Fitch as at
torney in the Kalua Kapukini case.
This was also spendthrift trust, in
which Judge Little removed j. a. Ma
COON as guardian, but he was as usual
reversed in the Supreme Court. Fitch
alleges that his services were reason
ably worth $500 and that he has not
been paid. He asks also for the allow
ance of similar amount for George
Davis, whose claim was assigned to him
for $3.50. The matter was presented
yesterday before Judge Robinson, Ma
COON contesting the allowance of any
fee in view of the Supreme Court deci-
sion, reversing Judge Little. Fitch
claimed that there had been no appeal
on the question of attorneys fees and
that Judge Little had awarded Gear
& Humphreys $500 in the same case,
when there had peen a specific agree
ment that nothing should be paid in
case of failure in court. Hearing upon
the matter will DE resumed this after
noon.
DOLE CITED FOR CONTEMPT.
Judge Gear yesterday ordered Attor-
ney General E. P. Dole to appear before
him at ten o'clock this morning to show
cause why he should not be punished
for contempt for failure to pay alimony
and attorneys fees to his wife.
The citation was issued upon afffda-
Wits filed by Mrs. Dole and E. NJ. Wat
son. In these it is set out that the sums
of $3.50 alimony and $3.50 attorneys fees
have not been paid. The order of Judge
Gear gave Dole forty-eight hours with
in which to make payment, and it is
alleged that all he has paid is s25 for
court costs and $50 for costs on appeal.
MRS. ROSA WANTS DOVER.
Helen N. Rosa, widow of Antoine
Rosa, yesterday filed petition for adj
measurement of dover, which she is
afraid will be wiped out by the pay
ment of the $4,000 claim of James
Hoare.
| The petitioner alleges that she is the
: sole devisee under the will of Rosa, and
i that he was largely in debt at the time
/ of his death. She was compelled to
| support three minor children and was
given an allowance of $40 per week for
! their support by the court. She has
! received but $4S5 on this account be-
cause having acquired means to sup
port herself, she waived the payments
for three years.
Petitioner further alleges that the re-
ceipts by the executor amount to $14,-
102.40 and that she has never been given
her dover. There still remains, real
estate al Diamond Head valued al
$4,000. Petitioner further says that
there are now unpaid by the estate
debts to the amount of $4,000 and suits
are pending to establish other claims
besides which there is now established
by the Supreme Court further claim
against the estate in the sum of Sc 0O(
by James Hoare.
1t is then set out that if these claims
are paid from the assets of the estate
there will be nothing left to provide
for the dover rights of the petitioner
and Mrs. Rosa therefore asks that heI
dover may be admeasured and assign.
ed to her.
CRIMINAL COURT.
| Juan Veles, charged with burglary
was found guilty by jury YESTERDAY
of larceny in the second degree Judg,
De Bolt sentenced him to prison for
term of six months.
J. kamai, charged with selling liquo
without license, was found not guilt.
by jury yesterday and discharged Il
the lower court he had been fined $40
and costs.
| The following cases are set for hear
ing before Judge De Bolt today:
. No. IS. Territory OF Hawaii vs. Mai
bara; No. 40, Territory of Hawaii VS.
/ Tom Paulo and Malie Kalauawa; Nc
| 81. Territory of Hawaii VS.. T. Hara
| motto.
NEW CASES ON CALENDAR.
The following appeals from the Dis
trlct Court have been placed on tn
criminal calendar for trial at the pres