The Hawaiian gazette., 1902-10-28
COURT HAS
A BUSY DAY

Two decisions u much importanc,
were given yesterday by Judge Robin.
son In eases which had been submitted
to him during vacation time. In the
suit ~ Lin All Lee VS. An Soon the
court found FOR plaintiff with a similar
finding In the case OF Frank Godfrey
vs.. Emma NJ. Nakuina.
The first suit was for the settlement
of damages In the Manoa Valley dis
pute over water rights. The case had
been In the Supreme Court and was
sent back in order that the damages
might be assessed. Judge Robinson in
fixing the damages goes into detail re-
garding the profits arising from the Gull
tivation of taro. As to one patch OF
land not planted the court holds there
can be no recovery, and as to ten other
patches the damage can be but nominal.
The court holds that the plaintiffs are
entitled to three-fourths of the amount
of taro which could have been grown
because during that season, there being
drought, other Manoa valley taro
planters sustained a loss of one fourth
of their crop from natural causes
The damage Is fixed at $l700 and the
court says in conclusion:
Let Il decree be entered in favor OF
compliments and against respondents,
perpetually enjoining and restraining
the respondents, their agents, servants
and employees, from in anywise OBJ
structing or interfering with or decreas-
ing In volume the water flowing over
the dam situated in Manoa stream
known as and called Paaluhi dam, or in
any manner obstructing or interfering
with or decreasing In volume the water
used in supplying the lands OF said
complainants on the Eva side of said
Manoa stream flowing in the ditch lead
ing from that certain other dam desig-
mated and known as the Bishop dam,
which said ditch Is referred to in the
pleadings in this cause and designated
as Ditch a, on the diagram attached to
complainants' bill of complaint and
made part thereof and marked Ex-
hibit a." every night from p. m. to
6 a. m. and further on Mondays. Fri
days and Saturdays from II o'clock
noon to p. m, and also awarding said
complainants damages in the sum of
$4,000 sustained by them by reason Of
the unlawful acts of said respondents
in trespassing upon said lard and in
obstructng and in interfering with and
decreasing in volume the water flowing
over said Paaluhi dam through said
Ditch A, together with costs of suit
METCALF LEGAL HEIR.
In the case of Frank Godfrey as trus-
tee for Thos. Metcalf VS.. Emma Ma
kuina judgment was given for plaintiff.
The suit was one in ejectment, the de-
PENDANT holding possession for land be-
queathed by Theophilus Metcalf to his
son Frank, or and by him to "his law
fully begotten children, and in case
there were none the property was to go
to the sister or brothers. There was
considerable evidence both for and
against the legitimacy of the child, but
the court holds that the plaintiff Is the
son of Frank Metcalf and awards him
the property. The court finds:
i am satisfied from the evidence ad-
duced that Thomas Metcalf, plaintiff $
beneficiary, is the sole surviving law
fully begotten child of Frank Metcalf,
and as such sole surviving lawfully be-
gotten child, was entitled upon the
death of his father, the said Frank
Metcalf, to the immediate possession OF
the lands and premises described in
plaintiffs complaint, being at that time
the owner in fee thereof and that the
plaintiff, as trustee for said Thomas
MctCalf, under and by virtue of said
deed, dated August 30th, 1901 ever since
said last mentioned day has been, at
the time of the commencement of this
action was and is now the owner and
entitled to the possession of said lands
and premises. The presumption of le-
gitimacy of child born during the con-
tinuance of a valid marriage Is too
strong TO be overcome by the evidence
adduced on behalf of the defendant i'm
the case at bar
WILLIE'S DIVORCE SUIT.
Willie Crawford, the Chinese Hawai-
ian, won first blood in the suit for
divorce brought by his wife, Rebecca
Crawford. The matter came up yester-
day before Judge Robinson on motion
for alimony. The defendant in reply
set up the insufiiciency of the COM
plant 1t being alleged that it did not
set out that they were not living to-
gether as husband and wife or had not
been doing so for any length OF time,
prior to the filing of the petition.
Judge Robinson sustained the plea,
holding that the defect to be vital
one, and the motion was dismissed with
leave to the plaintiff to amend the libel.
COURT NOTES.
Default was entered against defend
ant by Judge De Bolt in the case of
Oriental Life Insurance Co. VS.. Loo Chit
Sam
The accounts of Henry Smith, as
guardian of Miriam Lazarus, have been
referred to f.. G. Peters as master. The
accounts of Henry Smith. trustee I'M
der the Will of Richard Meek. were re-
ferred to p. d. Kellett. Jr.
An appeal has been taken in the case
of II. Takahashi VS.. w. c. Achi.
The annual accounts of j. o. Carter,
guardian Of the Hardee minors, have
been approved.