The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-26

in the Circuit Court yesterday Judge
Robinson was still occupied with the
case of Henry Smith VS.. Hamakua
Mill Company; the damage suit of
Wah Lee vs. Manuel Correa was before
Judge Humphreys with a jury of but
eleven men, and Judge Gear was busy
with criminal cases.
DAMAGE SUIT.
The case of Wah Lee VS.. Manuel
Correa is an action for So, 900 damages
for the killing of plaintiffs daughter
for which defendant, a hack driver. is
said to be responsible. Plaintiff claims
that Correa's hack ran down his
| daughter. and she died from the in
Juries. By agreement between the at
torneys, Magoon for plaintiff. and An
drews for defendant, the case is being
| heard by but eleven jurors
CRIMINALS BEFORE GEAR.
In the case of r. Manuahi, charged
with malicious injury, Judge Gear re-
leased the defendant upon motion of
George Davis, directing the jury to
return verdict of acquittal. The de-
PENDANT was alleged to have smashed
up about $500 worth of furniture in the
house of Kauhikoa, and Davis moved
Tor acquittal on the ground that it had
not been shown that the acts of de-
fendant were malicious. Gear sustain
ed the motion, holding that it must be
proven that the defendant exhibited
nance towards the person to whom the
INJURY was done, and while drunken
ness was no excuse, yet there had been
no evidence to show malice towards
the prosecuting witness, or that Ma
nuahi was even known by Kauhikoa
prior to the commission of the alleged
crime With the assistance of Davis, |
the surprised boy left the courtroom |
in hurry after the verdict had been
signed.
All Chun, a diminutive Chinese boy.
ten years, was next given hearing
on the charge of stealing a silver
Watch Brooks appeared for the de-
PENDANT, and at the conclusion of the
prosecution, moved for directed YER
dict, which Judge Gear denied The
Jury was out but few minutes before
returning verdict of not guilty
Horace Bell entered plea of guilty
to the charge of larceny in the sec
md degree. but upon stating his inten- i
ion of leaving town, sentence was sus-
pended. 4
The case of Onto, a Japanese charged
With malicious injury, was next called.
me defendant is alleged by one Luz s
as TO nave torn down a portion of !
he house which he (Ohto) has built.
)hto claims that he was following in
The case was still on trial 1
It the time of court adjournment. and +
viii be resumed this morning t
DEMURRER OVERRULED.
Judge Gear yesterday filed a written
plnion overruling the demurrer in
ne case OF l.. c. Ables VS.. c. ]. Falk
{ al. This was an action to enforce
lien upon seat in the Honolulu
took Exchange, and to restrain Geo.
{. carter, as assignee for Falk, from
eiilns the seat at auction. The court
olds that seat in stock exchange
lorfy- ~ 1
lent. The agreement set out in the
omplaint created a charge upon the ]
eat OF defendant (Falk) in the Homo
iiu STOCK Exchange, and therefore n
reated in equity an effectuaI lien. =
An agreement which creates charge
pon specihc property is in equity an ,
1ectual lien as between the parties a
ithout change of possession and n
SO as to others with notice A court o.
equity being the appropriate tri- B
1nal, it will afford all relief neces- "
Try and proper in the premises k
Demurrer is overruled and defend a
itS given i've days to answer.
COURT CULLINGS. 70
j. F. Hackfeld has filed his seventh OF
nuai account as guardian of Paul, pl
r. and Heinrich w. Ehlers. The or
ceipts for the year were SIS, 026. "a
I'd the expenditures, s2,51O.79 q,
me case of Young Tong VS.. Laura r.
IOTclDle entry and 6PtainpT
S been discontinued so
4 demurrer was argued Yesterday in !
case of j. Kaiuio, guardian VS..
ank Pahia. Judge Robinson took the
liter under Amusement
\ motlon was made yesterday for
order to compel Senator ]. H Kahi-
Ia to turn over the Kalihi residence -
his wife, which she saws is her
'perty. The defendant is alleged to
We refused to deliver over the KEYS
the property to his divorced wife.
she asks for an order from Judge "
mphreys compelling him to do so. "
demurrer has been filed in the case i
Antoine j. Lopez VS. Antonio Manuel
al, setting forth that the complaint
s to state that there was an as
lment of dover; that the sum of VI
exceeds the dover interest of Ka-
opuo in the sum of $500 alleged
nave been paid by plaintiff for the AT
l, and that the amounts alleged to mol
e been paid as attorneys fee are ord
recoverable. Rer
!, -, oiue[ OF ulstr1outlon has been val
- 1rhin - 80. oI the estate of uat
sen wears and TO- n peiIoing over tair
30 for distribution
Gorge Lycurgus has brought suit ISoz
INST Charles Philips, administrator U
he estate of Henry Congdon. and qua
II u. D. Freeth, for the sum of
U: The suit is to recover on two FL
aissory notes of $1,000 each, given flee
tongdon and Freeth sire
dSe humphreys has overruled the
on for a new trial in the case of
ii Estate VS.. Kahinu Mele
VERDICT FOR SMITH.
trial of the case of Henry Smith -
1amakua Mill Company. occupied
e Robinson all day. The argu-
$ began in the morning, and at
TX the jury was instructed and re-
Within an hour. ncrrnor,,.,,.. T,TI