The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-16
NEW TERM
IS OPENED
Robinson to Hear
waived
Cases.
BAIL OF WRIGHT
REDUCED TO $4,000.
Many Divorces Nay be Invalid.
Masoon Gels His Property
Back From Chirese.


The special September term of court
was opened yesterday morning by
Judge Robinson. All criminal eases
were continued until the next term OF
court, Judge Robinson announcing that
the special term had been called with
the permission of Justice Perry, there
being provision that jury should not
be called. Judge Gear he said had
continued the criminal matter matters
over to the special term, and he would
now set them over until November not
withstanding.
WRIGHT"S BAIL REDUCED.
Judge Gear yesterday reduced the
bail in the case of b. II. Wright, charg-
ed with enbezzlelnent from $4,000 to
$4,000. The matter came up on habeas
corpus, and the defendants attorneys
said they were unable to secure the
larger amount. The bail of $4,000 is for
Wright's appearance before the grand
jury.
MACON WINS OUT.
Judge Robinson yesterday rendered a
decision in favor of the plaintiff in the
case of j. Alfred Magoon VS.. Chin Kee
Gnaw ct AL This was a petition to re-
form and terminate a lease given by
Magoon. there being an omission by
which the Chinese defendants were re-
CURED to pay but $500 per year, instead
of per month as had been intended by
the lease. The court holds that the
fact that Magoon had made the lease
and was responsible for the omission
did rot affect his legal status. Judge
Robinson ruled that the defendants
failed to comply with the terms of the
lease both as to failure in payment of
rent, and in securing satisfactory in
surance.
The court orders the lease cancelled
and that the receiver, c. F. Reynolds,
turn the property over to the plaintiffs.
Reynolds was allowed a fee of $160 to
be paid by plaintiffs.
WANTS TO MORTGAGE PROPERTY.
Geo. R. Carter, spendthrift guardian
of VIM. A. Hall, has asked leave to
mortgage the real property of his ward
in the sum Of $12.500. He says in his
petition that there is no money on hand
and he has already advanced $3,13S.0S
for mis- ward out of his own pocket.
Besides personal debts it is alleged that
there is a $500 mortgage upon che of
the pieces of property, and $12,500 will
be required to pay all existing indebt-
edness and allow for the maintenance
of VIM. A. Hall.
DIVORCES ARE INVALID.
If a ruling made by Judge Gear holds
good, several dozen divorces where
service was secured by publication are
invalid and void, and subsequent mar
riages are also Illegal.
The mater came up in the divorce
case of Franc Robbins Winslow VS..
Henry e. Winslow, the defendant being
now in Manila Plaintiffs attorney
sought to secure service by publication,
which as usual Gear ordered in the Bull
ietin. Then he set aside the first order
on the ground that the statute has no
provision authorizing the publication
of divorce summons. Application was
then made for publication in the Gov
eminent Gazette" and the Ike Au
Akoa," it being set out in affidavits
that the Hawaiian Gazette" and the
.'Kuokoa' We're the newspapers so des-
ignated by the statute. Judge Gear
denied the motion, holding that the
statute must be strictly followed"
and no Government Gazette" or Ike
Au okoa" are now being published.
COURT NOTES.
NJ T. Simonton, as master, reports
the accounts of the Bishop Estate trus-
tees to be correct, and he was awarded
a fee of 500.
The petition to sell real property of
the estate of J. K. Kaumamano was
granted by Judge Robinson.
Geo. C. Lea as master was allowed a
fee of $50 for his report in the matter
of the estate of Emma Kaleleonalani.
The potion for discharge of r. Puhia,
of the estate of Alonzo
Puhia, was granted
Geo. E. Smithies has been appointed
of the estate of ]. 5.
Smithies.
John X Bolster has asked for an or
der requiring the payment of S4O534'
balance of his estate, which is now in
the hands of the court.
A demurrer has been filed TO the pc
tition of the Hawaiian Trust Co., for
cave to intervent in the Holt will case.
The Oahu Railway Co. has demurred
10 the suit OF Nary S, Davis to set aside |
the Sumner lease. 1t is alleged that
the a-e.i,.intment of a receiver for Sum- |
aer is foreign to the interests of all
parties to the suit.
The accounts of David Daytons
guardian of the Dowsett minors. have
been referred to NJ. T. Simonton as
master
In the Mesick divorce case the de-
'endant is ordered to pay temporary
llimony of $40 per week, $50 attorneys |
fees and S22 court costs.
This appeal has been withdrawn in
ne case of A P. Morenha VS.. Jose
Mello Pedro
In the case of Frank Godfrey as trus- |
zee for Thos. Metcalf VS.. John Kidwell
Judge Robinson found for plaintiff. De-
'endant is required to give a good and
sufficient conveyance to plaintiff of the
in dispute.