The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-11
COURT NOTES.
WADE GETS OFF EASY.

George Wade was sentenced by Judge
Gear yesterday to the penitentiary for
the term of ten years, the minimum pun
ishment for the crime OF granddaughter
In the first degree. The court stated That
he had conferred with Judge Humphreys
In regard to the statute relative to man
slaughter. and that under the law Wade
could be sentenced for the lowest degree
to two years-as no distinction was
made as TO the degrees OF crime. He
did not believe the jury had any more
right to find him guilty OF mlnsl5ughter
in the first degree than in the third, Us
there was nothing TO go by in the law.
The case OF assault with intent to com
nit murder was continued tn await the
return of Harry Evans, an AFFIDAVIT
showing him to be absent from the city,
rs is also Chester Doyle, having been
presented by Mr.. Douthitt Mr.. Biting
objected to the continuance on the
grounds given but the court overrul I'd
the objection, and placed the case at The
foot of the calendar.
BEFORE HUMPHREYS.
Judge Humphi eys and jury heard the
case of Solomon Maheloaa VS.. l.. kalo-
lou yesterday. This was a suit involv-
ing the title to land at kapaIama. The
jury returned verdict in favor of pain
tiff, awarding one-half of the property,
which was all that had been claimed IN
the suit. The following jury heard the
case: j. Fl. Drew, ID. b. Renear, G. a.
Long, +. Blake, ID. NJ Ross, e. Deve-
reaux, j. T. McGrew, j. l.. Cockett, F.
Woodbridge, ID. Hoapili, w. J. Ordway
and r. Homan.
Judge Humphreys will take up the case
of John Ii Estate vs. Kahinu Mele, eject
ment, at the opening of court this morn
ing.
George Davis has dismissed the Hal
spendthrlft case against George Il. Car
ter
ACHI SUED.
j. Alfred Magoon as trustee has suet
w c. Achi for $4,000 upon property locat
ed in Kewalo, and makes grave allega
tons in his complaint. Plaintiff claim:
that he bought the property Of Achi fol
$500, and defendant told him said prem
Uses We're under mortgage to c. NJ. Cooke
but the mortgage would be paid ant
cancelled. That upon said representations
plaintiff paid $1,000 and was ready to pay
the remaining $500 when he learned tina
Achi had not paid the $1,000 to Cooke fol
release of the mortgage. Subsequently
he rendered $500 to Achi with a demand
for the release of the mortgage. and also
made the same offer to c. NJ. Cooke, but
the latter demands the entire $500 before
ne Will consent TO lile release OF nj
property.
Magoon charges that Achi has fraud
ulently, and with intent to defraud ant
cheat the plaintiff, appropriated and con
verted the money paid by plaintiff to hin
for the purpose of procuring the cancel
lation aforesaid to defendants own use
and therefore plaintiff has been cheated
and defrauded out of a large sum o
money. to wit, the sum of $4,000, with in
terest thereon"
Plaintiff further charges that this Is
violation of trust, and makes defendan
Il trustee for plaintiff for the amour
paid
A tender OF the remaining $500 Is mad
in court, and the court Is asked to com
pei defendant to secure n cancellation
of the mortgage or repay to plaintiff III
$4,000 with interest and costs.
MORE NEW SUITS.
The First National Bank of Hawai-
has brought suit against kona Suga
Company, Limited. and Clinton ]. Hutch
ms, defendants, and Bishop & Co., bank
ers, upon a check for $500 which WI
made by Hutchns payable to the kon
Sugar Company Jan. q. 1901, and after
wards transferred to plaintiff. Petitione
|, alleges that the check was presented L
Bishop & Co. upon whom it was drawn
, for payment, which was refused. Judg
ment is asked against each of defend
ants for $500.
Samuel NJ. Damon sues the Terr.tor
. to establish his fishing rights at Moana
| lua. The same parties are concerned i
a similar suit In the sea fishery with
, the reef at Kalihi.