The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-11-18
WILCOX As
A WITNESS
Appears in Suit
Against John
Sumner.

Delegate II. w. Wilcox was witness
before Judge Robinson yesterday in the
case OF Y. Amin vs.. John X Sumner.
Wilcox Is To- leave on the China today
and his deposition was taken In order
that there might be no delay I'm the
trial. The suit was upon "A number of
notes for money lent To Sumner by
Amin In 1897. the notes having been
written by WILCOX, who was at that
time business agent for Sumner.
SUPREME COURT SESSION.
The Supreme Court session. the sec
ond in the October term. was opened
yesterday morning. The motion to dis
miss the appeal of the defendant in the
Silva divorce case was granted. In the
afternoon the cases of l.. j. Sun W..
Jesse 7. Makainai and of Manuel da
submitted. Judge whiting sat on the
bench in the latter case in place of
Frear, disqualified.
The Dole divorce case Is set for hear
ing this morning. Judge Gear filed an
answer to the writ of prohibition yes
terday in which he says he has no an
swer to make.
SUPREME COURT DECISION.
The Supreme Court handed down a
decision yesterday In the case OF John
Walker VS.. Frances 4. Blckerton. sub
mitted on agreed facts This was a
question as to whether the defendant
had right to sell property to piaintlff,
by virtue OF the will of her husband.
Richard II. Bickerton. The Supreme
Court holds that she Is given that pow
er by the clause in the win making
har sol aa a a ca hi NJ
selling property. .
WRIT OF PROHIBITION.
A writ of prohibition directed to
Judge Dickey was issued yesterday by
Chief Justice Frear, ordering the
magistrate to cease from further pro-
ceedings in the case of Tung Fock Sing
VS.. Wong Chow. High Sheriff A. NJ.
Brown and Sing are also included In
the order of prohibition.
In the petition for writ 1t is set out
that on October 9th Judge Dickey rem
dered judgment against the petitioner
in the amount of 1868, and that though
an appeal was taken execution was is
sued by virtue OF Section 1885 Of the
Civil Laws which so provided.
This section OF the Civil Laws the
petitioner declares, is Unconstitutional
trict magistrate. and more especially Is
in violation OF Articles V. XIV, VII,
Amendments to the Constitution. In de-
priving said defendant OF property
without due process of law. and with
out giving him right to trial by jury"
CRIMINAL COURT.
Benjamin Haaheo was yesterday sem
fenced to eighteen months In Oahu
Prison for assault with a dangerous
weapon upon Mrs. Houghtailing,
though she had refused to prosecute.
Mrs. Houghtailing told Judge De Bolt
that she wished to withdraw her COM
plant but she was informed that the
case was now a matter between the
Territory and defendant. with which
neither she or the court had anything
to do. Mrs. Houghtaling was an I'M
willing witness, but she was confronted
with all her testimony in the Police
Court, and had to admit Haaheos guilt.
Judge De Bolt instructed the jury not
to regard her attitude in the case and
verdict OF guilty was returned with
in five minutes, with the sentence as
noted above.
The appeal was withdrawn in the case
OF Sol. Togo and Annie de la Cruz
charged with adultery and they paid
the fines imposed in Police Court.
Judge De Bolt held no court in the
afternoon having excused the jury be-
cause OF call from the Supreme Court
in a case In which he afterwards found
he also was disqualified.
COURT NOTES.
An answer was filed yesterday In the
case OF Chas Gay vs. John +. Colburn
and f. Il. Hayselden in which it was
issued by Judge De Bolt be dissolved,
De Bolt himself after hearing refused
to dissolve the temporary injunction
restraining defendants from proceeding
with an ejectment case, but Judge Gear
has consented now to take up the mat
ter despite the refusal of the first judge
to act. The defendants admit the pur-
chase OF Lanai by Gay. but deny that
he acquitted any title to the piece of
property held by Colburn.,
Judge Gear yesterday allowed a mas
ter's fee OF $50 in the Brash case. APP
proving also the accounts of ]. A. Ma
COON. u
A return was made yesterday upon
an execution in the case of II. G. Mid
dleditch VS.. Theresa Wilcox. The
sheriff says he sold the property taken
to satisfy a judgment of slG3.60, for s35.
Nearly half of this went for expenses
and the plaintiff got only about SIT.
A demurrer has been filed to the suit
OF Kaikainahaole against j. o. Carter
and others, asking also that the in
junction be dissolved.