The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-13

| for appearance this morning. Seven {
| the grand Jurors summoned for yestel
| day were excused by the court and tn
remaining jurors being insufficient fo
work. they We're excused until TIL
morning. when the new men viii apes
| for service. Two OF the men. A Gan
| tenberg. of Grinbaum & Co. and \.
Gedge. who stated that their presenc
was required at the office to sig
checks. were both excused A :. CleG
horn presented a physicians certificat
and was also excused. j. s. Martin
| Theodore Wolff. s. l. Rumsey and F
w Shingle were also excused. j. II
Fisher asked to be relieved because. a
chairman Of the Fire Commission. h
was Territorial official. out after
wards consented to waive the excuse.
The ten additional jurors were the
drawn by lot from fifty names pre-
viously prepared. and were as follows
p. II. Brunette. I. Livingstone. d. Ka
newanui. J. a Gilman. &. F. Herrick
Godfrey Brown. ]. 3. Castle. q. Z. a
Thrum. C. II. Anterior. Z. o. White.
Clerk Simonton in the same mamie
drew ten names as follows for Se-N Ict
on the petit jury: B. w. Houghtailing
II. w. Chase. a. F. Cooke, l.. \. u
Gardner. Hiram Kolomoku. George w
Farr. w. II. Rabbit. Henry Lerbe. l.
X. Sheldon. Percy Lishman.
a PECULIAR SUIT.
Reinne Rodanet has brought suit
against Eugene V. Todd. Louisa F.
Todd. Albert w. Todd. a minor. Alice
g. Todd (Rodanet. q minor. all chill
dren of A a. Todd. deceased. and Hen
~ Smith. TO settle rather veXiHg ques-
tion OF ownership OF property left by
a. A. Todd to the plaintiff. in trust for
the care Of his children. From the pc
ution IL appears that on October 5.
1895. \. y. Todd made a trust deed con-
veyinS 10 Reinne Rodanet one thou
sand acres OF land in South Kona. Ha-
wall. known as 'Onouli." the deed pro-
viding that she should pay the debts of
Todd and care for his children until
they attained their majority, for which
she was TO receive compensation. and
in case OF the death OF all the children
before they reached the age OF 81, the
property was to revert to her. Todd
thereafter went to Apia, Samoa, where
he died.
The plaintiff alleges that in order to
pay the debts of the said Todd ii be-
came necessary to borrow $500 from
Henry Smith. for which she gave a
mortgage. and which she is now I'M
able to pay without disposing of the
property in question. The petitioner
alleges that she has kept an accurate
account of the monies spent by her
for the care of the children, and that
she has so far advanced the sum of
S4l66.S1 for this purpose. Because of
the trust deed and the unsettled condi-
ton OF the property. petitioner repre-
sents that she is unable to dispose of
the land and asks that the court
straighten out the tangle in which she
finds herself.
The court is requested to appoint a
guardian for Alice G.. Todd and Albert
w. Todd; that plaintiff be allowed to
credit herself with the sum of 1896 90:
that the court provide for the mainte-
nance of the child adopted by her. the
same as If she had not been adopted:
that the sum of $3.50 be allowed to her
for services in connection with the
trust. and that the property may be
SOLD to- satisfy the note of $500 due to
Henry Smith and the claim made by
the plaintiff. The property at Kona,
according to the petition. is of the val
lie OF $50. 600.
TRAMwAYS LOSES.
Judge Gear overruled a demurrer in
he case OF j. II. Boyd VS.. Hawaiian
rramways Co. yesterday because the
attorneys for the defendant did not ap-
bear. One of the new rules of court is
hat demurrers must be presented on
=,
Mr.. Robertson, who appeared for plain |
if in the Tramways case. called the |
attention of the court to this rule. He |
aid that he was ready to proceed, but !
hat the attorneys for defendant were |
lot present, but had said they did not |
intend To argue the demurrer II
Judge Gear stated that he did not |
intend to notify attorneys when they |
hould appear in court, as they must |
ecome acquainted with the new rules. |
lie thereupon overruled the demurrer
nj gave the defendants five days to
nswer, they having already taken ten
avs in which to file the demurrer.
PAIN SHOWS HIS HAND.
Judge Humphreys has set the case
{ Sun kwong Mau Co. VS.. Waikiki
and & Loan Co. ct al. for hearing to-
ay. though there are several preIimi-
AIRY questions to be argued first. When
attorney Mechanism called the case
p yesterday morning, counsel for
laintim were not present Mr.. Brooks
that he was no longer in
he case. He was the attorney origin
lily bringing the action, but later
'ain's attorneys were employed to fight
he Rapid Transit Company's extern
ion through to Waikiki and Brooks
'aS no longer consulted. This is the
nit brought TO prevent the electric line
rom being run through to Waikiki. |
'hich necessitated cut through land
eing cultivated by Chinese gardeners
COURT NOTES.
c. +. Reynolds. as commissioner in
he case OF Victor $. Buffandeau VS..
!. A. Montana. bill for partition. made
is report. and the matter will be for
ialiy presented next Monday.
The attorneys in the case of c. A.
.ong vs.. II. Armitage were not in
curt yesterday when their demurrer
'aS called uD and Judge Robinson |
ostponsd the matter for one week. He
nnounced also that IL the matter was
OF ready for argument next Monday
he case would De dismissed.
T.. A. Schaefer was appointed by
Judge Humphreys yesterday as guard
IN Of Carl Julius Hoting. in place OF
ohm Ena. resigned.
An order was made yesterday sub
.ituting Elise :. v. Neumann as exc
ltriN for Paul Neumann. in the case
I w. +. c. HaSson VS.. w. II. Pain ct
The ChristIey divorce case has bean