The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-11
DAY
IN COURT
FaIk Injunction
Suit Heard BY
Gear.

day in the courts, though both Judge
Gear and Judge Humphreys We're in
session until late in the afternoon. The
former disposed of several criminal
cases, while the latter was occupied
with civil and probate business.
THE FALK INJUNCTION.
The failure of Charles j. Falk, the
stock broker, was aired again in an ar
gument on demurrer in the suit of L,
c.. AbleS VS.. c. J. Falk and Jos. r.
Carter as trustee, and the Honolulu
Bond and Stock Exchange. Ables sues
to recover money advanced to Falk on
fifty Waialua Agricultural Co. shares,
which was secured by a lien on the
seat held by Falk in the stock ex-
change. A temporary injunction was
secured by Ables restraining Carter
from disposing of the seat to pay the
debts of the stock broker, and he now
seeks to have it made permanent The
| defendants were represented in court
yesterday by Messrs. Wilder and Bige-
low, while Davis appeared on behalf OF
Ables. The defendant argued demur-
rer to have the complaint dismissed on
the ground that plaintiff had no rem
edy in equity, and also because the pc
tition was ambiguous and set out in
the same paragraph more than one
cause of complaint The matter was
argued at some length and Judge Gear
| reserved his decision until Saturday.
AN ASSAULT CASE.
Judge Gear was occupied the entire day
| in hearing the case of John Kalimaephu
and two others on the charge of assault
and battery. A Chinese was the COM
| planning witness, and his head had been
| pretty badly cut up by the defendants,
according to his testimony. The case
had not been concluded at the time Of
adjournment yesterday. the prosecution
still having a few witnesses. 1t will be
taken up the first thing this morning.
The following is the jury hearing the
case: James L. Cockett, Fred Goudie, w.
F. Jones. w. K. Kapu, C. Kimball, w.
| Duisenberg, ]. M. Sims, F. Woodbridge,
d. B. Renear Jas Merseberg, William
Mahuka, and D. Hoapili
DAVIS WILL BE SENTENCED.
VIM. Davis, the native boy found gull
ty last term of shooting a Chinese. will
be sentenced this morning. Judge Gear
yesterday denied the motion for new
trial on the ground that the question
was solely one of fact, and had been
properly decided by the jury. Time of
sentence was fixed for this morning. No
tice of appeal has been given.
IN HUMPHREYS COURT.
Judge Humphreys was occupied the
entire day in the hearing of arguments
and evidence in the ejectment case of
the John Ii Estate VS.. Kahinu Mele. The
case went to the jury at o'clock and
within few minutes verdict in favor
of defendant was returned. The defend
ant is an old native woman, and IS said
to have had five husbands during her
lifetime. She created considerable amuse-
ment in the court room by her extreme
politeness, never turning her back on
anyone in the room, but always backing
out, bowling low as she went. This is
the case that was heard at the last term
of court, but the jury disagreed and We're
kept locked up until 2 o'clock in the
morning because of the attendance of
Judge Gear at wedding, and his for
getfulness OF the jury he had left wait
ing. The term ended at midnight and
the verdict would have been of no eff
feet even though one had been agreed
upon. The property in question is stu-
ated at Eva and is but half acre in
extent.
BEFORE JUDGE ESTEE.
In the Federal Court yesterday morn
ing Judge Estee denied the motion of
Hatch & Silliman to be allowed to file
exceptions in the case of the United
States VS.. Honolulu Plantation Company
The defendant excerpts from the ruling
of the court granting a new trial, upon
refusal of the defendant to accept a cut
in the verdict of $685. O0 and the case
will be taken to the Ninth Circuit Court
of Appeals on that ground. The court
held that new trial having been order
ed there could be no further proceedings
in reference to the first action.
Another continuance of sixty days to
April Z, was granted in the case of Oahu
Railway and Land Company VS. j. H.
Boyd and Cotton Bros, the bill for in
junction to prevent the construction of
the new dock approaches. The matter
has been compromised and the case will
be dismissed before the day of trial
Caesar Kruger former subject of
Kaiser Wilhelm, and Michael John Rad
way, a former subject of King Edward,
were made citizens of the United States
yesterday morning
The hearing of the Olaf Omsted bank
ruptcy case has been set for February
18th. ]. w. Mason of Tilo opposes the
settlement in bankruptcy and claims that
the petitioner owns enough stock of the
Olaa Sugar Company to pay all his debts
CIRCUIT COURT NOTES.
A nolle prosequi was entered yesterday
in the case of NJ. G. Silva and seven 9TH
ers charged with assault upon J. NJ
Lemos. In the lower court the defend
ants We're each fined SO. The assault
occurred in an attempt to GUST Lemos
from a house which defendants held
a mortgage.
A nolle prosequi was also entered in
the case of II. Sylvia, who was mixed up
in the same fight
Mrs Irene Ii Holloway has filed her
accounts as guardian of the Brown min
ors. The receipts for the year including
the last balance, was S3194.0S, the expen-
ditures We're S2sS3. 2S.
Mary j. Hoyt and Carrot 5. Strow,
heirs of J. Q. StTow, deceased have filed
a motion for an order to J. S. Walker.
administrator of the estate, to show
cause why he should not be punished for
contempt for not obeying an order direct
ing him to pay into court all property of
the estate.
Application has been made by the de-
fendant in the case of Geo. Z. Boardman
vs. tireman's Fund Insurance Company
Tor an order in accordance with the ruI-
fng of the Supreme Court.
Alice F. Beard has been appointed
sEardian Of the Hendrickson minors; also
of the Ferreira minors