The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-31

ley, or took a trip TO the coast or some
thing else, he should be compelled toI
make an accounting
rs Mr.. Paris in Honolulu inquired
the court.
He is was the answer 81 saw him
last evening"
Let a citation issue ordered the
court, requiring George Paris to ap-
pear here Saturday morning, at 10
o'clock, November LIST, and show cause
if any he has, why he should not be
punished for contempt. in not obeying
the order of this court"
at is true" added Judge Robinson,
that he answered every question, but
not as he should have done, and
I will examine the testimony more care
fully
In response to questions from the
court Mr.. McChesney explained the $780,
600 transaction. He said tina. the Dor
rowing of that amount had been au-
thorized by the company, and that $40,-
900 had been paid TO himself and y. w.
Griswold for the McCully tract lease
holds. and it was the understanding
that the balance should go into the
treasury of the corporation. The only
large stockholders in the concern were
Bowler. McChesney, Paris and Ashley,
with a number of nominal shareholders
McChesney stated that he had been
trying for fourteen months to get some
sort of an accounting from Paris, but
had always met with a refusal.
Judge Robinson added in conclusion
TO his citation for contempt, "If upon
such examination it appears that fur
ther investigation would be of no avail,
proceeding civilly, think it the duty
of Mr.. McChesney to bring the matter
before the next grand jury
CRAWFORD rs POOR.
Willie Crawford was ordered yester-
day by Judge Robinson to pay to his
wife ten dollars per month alimony,
with twenty-five dollars attorneys fees
and twenty-five dollars court costs.
Crawford pleaded that he was earning
| but forty dollars a month, and could
hardly support himself. He testified
that he had not paid anything for the
support of his wife since July, and that
he had been earning but very little
since that time. He admitted having
$3.50 in the bank but said it was cred
tied to himself and Amana, and could
not be withdrawn upon his signature.
This money belonged to a lodge and
was not his own
Crawford also said he owed D. l..
Akwai $285 and J.. A. Thompson SIS as
well as smaller amounts. He said that
he earned on an average forty dollars
per month, which came chiefly as COM
missions on cases given to attorneys.
He testified also on cross-examination
that it cost him seyenty-five cents per
day to live, and that he also supported
his mother and step-father. ]. NJ. vi
vas appeared for the wife and Attorney
Crook for the husband.
THE II ESTATE CASE.
THE case of C. A. Brown VS.. A W.
Carter ct al was called up yesterday
morning before Judge De Bolt on a
motion by the plaintiff to dismiss the
withdrawal of the stipulation giving
Brown permission tC leave. Brown is
| the manager of the Ii Estate and Ma
COON is acting in his absence. 1t was
| stated that Brown. intends to go to Eng
| land before his return, and the defend
ants in the case object to such lengthy
absence. The matter went over until
| this morning, because of the illness of
| Attorney Wilder.
| COMPLAINT DISMISSED,
| Judge De Bolt rendered a decision
yesterday in the case of ]. Hayashi VS..
F. Iwata and the Phoenix Insurance Co.
of Brooklyn as garnishee, setting aside
the service upon the garnishee. The
copy served upon C. J. Hutchins as
agent for the garnishee did not have
| the signature of the clerk attached.
| The court says the lack Of the copy of
the official signature of the clerk TO the
| copy of the summons served renders it
totally deficient in vitality:
IF, as certified by the High Sheriff,
| this copy was a true copy of the orig
| inal, then there can be no question but
! that the service would have been alb
| solutely void; and / cannot see any
sufficient reason why the garnishes
should be required to look further or
elsewhere than to the copy served upon.
| He should be justified in acting upon
what it, upon it's face purports to be,
| namely, a true copy of the original. 1t
is not the issuing of the summons but
the service thereof that gives the court
| jurisdiction of the party against whom
the plaintiff proceeds"
| Susan Brash has objected to the al
| lowance of the masters report upon
| the accounts of ]. A. Magoon as guar
dian. She says the report was made
| without notification to her, and that
| Magoon is not her guardian.
The decree and findings of fact in the
case of Frank Godfrey, Trustee VS. En-
| ma NJ. Nakuina was signed yesterday
| by Judge Robinson.
An amended complaint has been filed
in the case of NJ. l. Smith vs.. Honolulu
Stockyards Co.
Judge Robinson yesterday sustained
the demurrer in the case of Lee Wal VS..
Oahu Lumber Co. and dismissed the
petition without prejudice diseharging