The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-23


BY his attorneys, Smith & Lewis,
Isaac Tesla brings suit in the First
Circuit Court against H. Kauaihilo,
John F Colburn, executor OF the will
Of Antoine Rosa. deceased; Helen A.
Rosa, guardian Of William Ladd Rosa,
Mahelani Rosa and Rose Rosa. mi
nors. for the declaration OF trust. the
appointmen OF trustee and convey
ance OF real estate.
The complaint alleges that on Aug
ust 20, 1889, the defendant, resident
of Kapaka, Koolauloa, possessed Ger
tain lands at that place which he de-
livered TO Tesla by mortgage by way
Of securing the payment of a promis-
sorry note and that when the note be-
came due no money was forthcoming
and steps were taken to foreclose the
mortgage Rosa bid in all the land
involved when the place was sold
at auction.
When Rosa died he had possession
of all the papers in the case and the
plaintiff believes that the foreclosure
proceedings were not completed in
that. after the sale OF the land. no
deed or other conveyance of the prem
ises was ever made by him as mort
gagee. ]. F. Colburn was appointed
executor of the will of Antoine Rosa
executor of the will of Antoine Rosa
was appointed guardian of the mi
nors on the same date. Plaintiff asks
for the appointment of suitable per
son to succeed Antoine Rosa, deceas-
ed, as trustee.
In the Federal Court.
United States Judge Estee yester-
DAY morning adjudicated bankrupt
Chew Man. together with five other
Chinese, who carry on business un-
DER the firm name of Yet Chong. at
Aala lane. in this city. the petition of
the bankrupts declaring that they
owe debts which they cannot pay
They say that they are willing to
hand over all their property for the
benefit of their creditors. except what
is exempted by law. desiring to OBJ
tain the benefit of the United States /
be nkruptcy laws.
Their assets consist chiefly of goods
in the possession of the High Sheriff. (
taken by execution and amounting to .
$50 DIN value. There are no secured .
creditors. Unsecured debts are
shown as amounting to sl56O.S6 and
debts TO be paid in full S21290. .
the debts are fifteen small
notes. The following are
: few of the debtors: All Shin. one
arm. $40; native. $3.50; white man,
mason. $500: half white. carpenter.
SIPS; mason. Portuguese $50; Jap
(cook). s275; water boss. $3.50;
Dole. 500: mill hand. $3.50; water
pump. $500; blacksmith. Portuguese.
s27O; No 5 pump, $500.
Pearl Harbor Land Valued.
In the matter of the appeal for a
new trial OF the Honolulu Plantation
Company, the brief of United States
District Attorney J. ]. Dunno. which
mas been delivered 10 Judge Silliman,
defendants. declares
hat the jury went outside of the
evidence in placing valuation of
;l5,2oS on the improvements on the
and in question.
Judge Siliiman yesterday afternoon
handed his brief. in reply. to Mr.
Dunno.
The following. in part. is Mr..
lunne's brief:
Il, The Sol acres never had any
,nnusl use
- They never had yearly value.
IS. They had never been cleared.
flowed. sowed or cropped
II. Nearly one-half is useless and
'nfit for cultivation
IS. They never produced any in
ONE whatever.
&c. The whole piece is raw land
ha; never has been cultivated. that
ever raised crop. and whose capa-
ilities are rurelv speculative.
-. Shallow soil. rocky patches.
,r shy spots
IS. No water supply beyond one
mall hrackish artesian well.
Psilroad easement.
40. Nc improvements Neither tns
lill nor the pumping plant is on tails
Ind They are both independent and
uilt prior 10 the clearing and plouga
lg They would have been built
nyway. whether the defendant got :
his land CT not. as they vere botA
ldisp=. sable 10 tn q scr s. = acres
I the plantation
III. Until recently this land was a
aste, oyer-un by cattle. Il was nct r
,biscted TO any useful purpose, d