The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-12
IS QUIET IN
The COURTS
First Bankruptcy
Case Finally
Ended.
"BLAZlNG STAR
OF THE REPUBLIC
Davis Finds a New Compliment
for Jury Excused
for the Term.

The first bankruptcy case started in
the Territory of Hawaii since annex
alton was settled by Judge Estee yes
terday The case was that of j. H.
Butterfield whose petition was filed De-
cember 29th, 1900 a short time after
the United States Court was establish
ed in the islands. The bankrupt was
discharged over a year ago but the
estate could not be settled because of
the failure of George A. Davis, who
was appointed trustee, to request such
action. Davis had been ordered to ap-
pear in court yesterday afternoon for
the settlement of the matter, and was
on hand a few minutes before court
opened, but disappeared however before
Judge Estee arrived, and never return
ed even after the adjudication.
The assets of the estate in the petit
ton were listed at $3.50 while the Ii
abilities amounted to $1O,220.21. The
most of the property consisted of real
estate and the $4,000 realized from it's
sale were required to pay mortgages.
The principal creditors aside from the
holders of the mortgages failed to real
ize anything on their claims. A claim
of over 5000 for taxes is also left I'M
settled. Davis received about $3.50 for
his services and in the order discharg-
ing him yesterday came in for another
five dollars.
to the Territory actea as lien upon
the property and that no party could be
relieved Of payment of such taxes. AS
in this case there was not sufficient
money to pay the taxes he said that
he would order the balance on hand
paid to Assessor Pratt. This amounted
to s91.35 out of which court costs also
must be paid.
F. E. Thompson was referee when
the bankruptcy case was first called
up and ordered the final settlement,
while w. T. Rawlins is the present
referee. There was some question as
to which referee was entitled to the
fee of ten dollars, but Thompson offer
ed to waive his claim.
THE SUMNER MATTER.
Judge Gear spent almost the entire
morning in Circuit Court in hearing
arguments in the case of John X |
Sumner charged with being insane. !
Henry Highton and George Davis held
the floor alternately, and there were
some rather wild flights of oratory on
the part of the latter Davis referred
to Gear as the blazing star of this
republic He said also that he had
colossal task, opposed as he was BY
people. with imperial powers" His
own argument he referred as my hum
bic Territorial way"
Mr.. Highton participated in a few
lively arguments with Judge Gear in
which the court managed to come out
only second best. To refuse a man the
right to prove he was not insane, High
ton characterized as preposterous and
Davis claim that the defendant could
not answer within the fourteen DAYS
specified by the summons, he referred
TO as slave to an absurd technical
ity." Judge Gear reserved his ruling
but intimated several times that he |
would hold against Highton and refuse
10 take jurisdiction until the return
day.
THE JURY EXCUSED.
Judge Gear excused the jury for the
Term yesterday, though the jurors have
not been officially notified of the fact. !
All the criminal cases will go over to
the Speclal term under Gears order, |
though Judge Robinson has made no
provision for a jury. He stated YES
terday that he would not call a Jury
Tor his special term which begins next
Monday.
THE MURDER CASES.
A motion for a new trial was filed
Yesterday IN the case of Kimura found
gulity OF murder in the first degree. !
Inc usual statutory objections to the
verdict are urged.
George Ferris