The Hawaiian gazette., 1902-02-21


bot intended to cover snuII. water. nor .
is O. necessary Inference that u did. .
lu spite ~ an actual contrary intention. +
That decision did not aside rom the .
finding as 10 an exclusive pfesci puN' .
day righD. adjudgo that tho defendant .
had a general right TO fair proportion .
of the surplus water. or that it WAS not .
then taking more than its proportion, if
% had such a right The court ala not
intend to so decide, nor ls 81 n'ces- .
sary inference that b ala. even " the
ploadings were broad enough TO have
permitted Il to do 80.
The three circuit Judges held sessions
yesterday for the first time. In the
morning Judge Robinson called the
civil calendar in the Eva court room,
while Judge Gear heard criminal cases
in the Supreme room. and I'm the after
noon Judge Humphreys held court In
his chambers.
The presence of the attorneys before
Robinson made the trial of criminal
cases rather difficult, as the defendants
ready had no attorneys to defend them.
Three Porto Ricans, charged with
( burglarizing the store OF the Waialua
/ Agricultural Co, caused the most trou-
! BILE. Mr.. Lewis was first appointed to
/ defend and he offered as an excuse
/ that he was attorney for the Waialua
| Company and consequently not able to
| defend where he should have been pros
/ ecuting. The excuse was accepted and
/ Mr. Lewis given another charity job
/ Then Mr.. Brooks was called in, but he
| pleaded trial before Humphreys and
| thus escaped the duty, though he was
| also gwen n prisoner to defend. Frank
| Thompson came next and his excuse
| wasn't strong enough to secure re-
| lease, and he began then the defense of
! the prisoners. but not until Davis, who
! happened to stray into the court room,
! was given a like billet. Davis pleaded
| that he was busy and sick and besides
/ had been working "A week for charity
! in the appeal of Osaki Mankicho. The
| court wouldn't allow the excuse, how
, ever, and the attorney was given ma
| tive boy to defend, who was about to
| throw his arms about his defender-to-
| be when Davis escaped.
! The Porto Ricans defended by
! Thompson were Hypolito Feliclano Au-
gustne Barsa and Angel Marcilo and
the trial occupied the entire day.
The jury returned a verdict of guilty
of burglary and recommended the de-
PENDANTS to the mercy of the court
! Sentence will be passed this morning.
OTHER CRIMINAL CASES.
Louisa Torres and three other Porto
Rican girls who were the net results Of
a recent raid at Iwlei, were discharged
upon motion Of Attorney Kaulukou. be-
cause there had been no written com
plant in the police court. Two of the
girls are still in Jail under a second
charge. Judge Gear warned the girls
to be moIe careful in the future and
advised them TO go TO work.
Wong See charged with assault and
battery, was also released, there hav-
ing been no complaint on file in the
Circuit Court.
Manuel Gracia and Mrs. Lima Bailey
were let go for the same reason.
BEFORE HUMPHREYS.
Judge Humphreys heard another
plumbing suit sterday-Gchring x
But2ke VS.. T. Hanita. The jury
brought in n verdict for plaintiff in the
sum of 1896 AZ.
! Following this the case Of Apana VS.
ID. Kui was called and a jury drawn.
This is suit on a promssory note.
and for an account which plaintiff
claims is due him for goods sold and
delivered to the native. The latter
= denies having signed the promissory
note for 500. and at the instance of
one of the jurymen was compelled to
execute his signature in the courtroom,
with results not altogether favorable to
himself. He claims also that he fur
nishcd fish to plaintiff two and three
times a week, and is not indebted to
him i'm any sum whatever. The total
amount sued for was over 5000.
The jury was instructed at . o'clock
and had not agreed at g. when the
jurymen were taken to the Grill for
dinner. At o'clock a verdict was
reported for plaintiff in the sum of
SS3l.27. f. N, Brooks appeared for
plaintiff.
BECKY is FREE OF MAGOON.
Judge Gear yesterday terminated the
Becky Panee spendthrift trust, and or
dered the guardian, j. Alfred MagoOn
To return TO her all property now in
his possession. The court said Il
am satisfied that the ward does not
now come within the definition of a
spendthrlft, and that If such guardian
ship ever were necessary, 1t is no long
. er necessary"
. The court quotes from Tiedeman's :
, Limitation of Police Power" as fol-
. lows:
THE claim has also been made that
% the property Of spendthrifts may be
! taken from them and placed under the
control OF guardian or curator But
t II would appear To be a very difficult
a matter to determine just what degree
o of extravaganza will make the posses
E sor OF property spendthrift, Web
y ster defines spendthrift To- be one
d who spends money profusely or inn
= providently,' II that be taken as a cor
: rect definition II would he difficult To
n discover in II the element which would
justify the exercise Of police power. II
n IL be established that his improvident
4 expenditures are the acts of a derang
I ed mind then he could lawfully be
T. placed under guardianship on the
ground that he Is suffering from "A form
u OF dementia. But II n perfectly sane
i man chooses to spend a fortune in higl
II living, prefers the pleasures of riot
a Gus life, with poverty in advanced
n years, to an equable and moderate ex
Is penditure Of his income. with the en-
yaNT s.f. .