The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-28
FATHER
LOSES SON
Geo. Opunui Can
Keep MilIer's
Child.
OTHER NEWS OF
CIRCUIT COURT
Woodward and Thompson Indicted
for Tax Office Irregular
ities-Pain Case.

Judge Gear yesterday denied the writ
of .babeas corpus issued at the request
of Edward Miller to obtain possession
of his four-year old son now living
with George Opunui. By the ruling
Opunui retains possession of the child
and the father is not allowed to in
! terfere with him. The decision was
based upon the evidence of the mother
who wished the child to remain with
her aunt The court held that it had
not been shown that Opunui was not
taking good care of the child, and that
there was no proof that the father
might better his child's condition In
life if he were given the custody of his
son.
TAX MEN WITHHOLD PLEAS.
| Indictments returned by the Grand
Jury on Tuesday were presented IN
court yesterday, and the defendants
asked to plead. A. d. Thompson and
los. Woodward, the two tax office
clerks who are alleged to have embez-
dicted for five offenses Jointly on a
charge of embezzlement of government
funds. The total amount the men are
| charged with taking is about $40.
Brooks appeared for woodward and
Robertson for Thompson and pleas in
both cases were reserved until satur-
day. The court fixed the bond in each
case at $500.
THE BANKRUPTCY CASE.
In the case of Hemenway VS.. Take
ia, Judge Robinson yesterday denied
the defendants motion for non-suit,
holding that further evidence was re-
auired to show that the transaction was
not in violation of the bankruptcy
laws The trial will now proceed with
hearing of the defense.
GEAR HAS A NEW SCHEME.
! Judge Gear started on a new tack
Yesterday in an effort to secure funds
| for the judiciary department. An or
der was given upon the auditor in the
amount of forty-fve dollars for the
payment of Geo. Macauley, Spanish in
terpreter to be drawn upon the appro-
priation of 900 for interpreters not
otherwise provided for. The demand
upon the auditor was not accepted
This fund of 5000 is a pro rata appro-
| priation and has been used for inter-
| prefers in the district courts, which
have no regular interpreters. There
is only an allowance of $125 per month
and the fund has not only been USED
up every month, but there are a num-
Der of bills wanting to be paid, as soon
as the next months appropriation is
available. Judge Gears order remains
therefore, still unsatisfied.
THE HAsSON-PAIN CASE.
The case of Hasson VS.. Pain still
drags YEARLY on before Judge Gear.
Mr.. Hasson spent yesterday upon the
stand and his DISCRIMINATION is as
yet unfinished. During his eXamina-
ton by Mr. Bigelow, Mr.. Hasson made
the statement that he had reported in
January to the company that Lanai
could not be converted into a sugar
plantation. There was one method
however by which water could have
been obtained. This was to tunnel I'M
der the channel between Lanai and
Maui and bring arteisan water to the
proposed plantation. Mr.. Hasson said
he did not believe this to be an impos-
sible engineering feat.
MARRIAGE is QUESTIONED.
In the Manuwai divorce case the de-
PENDANT yesterday raised the question
that there had never been legal mar
riage Mr. Atkinson claimed that the
marriage license by virtue of which
the ceremony was performed. had been
issued by an agent whose commission
was null and void. All the commissions
had been called in by Minister King III
1895 and this one among them, and ii
had not been renewed at the time OF
that the marriage was therefore in
validated.
COURT NOTES.
In the estate of naomi Kaihue II
which j. * Prendergast, the admin
istratOr, had been ordered to make GER
tain investments and correct actor
taken by him Judge Humphreys allow
ed him to remain in charge of the es
tate, the order having been obeyed.
Jean Sabate pleaded not guilty yes
terday to the charge of larceny in the
second degree. He was released upor
giving bail of 500. The bail fixed BY
Judge Wilcox before the indictment wa!
$3.50.
John Comes, charged with maliciou:
assault, also entered a plea Of not guilt!
and his bail was fixed at $500.
The grand jury will make final re
port to court this morning,
Motion to dismiss the appeal has beer
filed in the case of Vim Shew VS.. Lii
Sin Kee on the ground that Act Al, SEES
i-sr 7 o5al, he