The Hawaiian gazette., 1902-02-28


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r. HrIrs u.rs wording fuN Nnr
U ...uH tuHH .t.flH1 900
UUHU.H Wne Hin occupied WIN ih'
Ha. M HENRY smith ta NHmahNH
WU Company ODE HIHHN' fNf H
Won lrr Sci Manuel Cuffa vac h i'r
IuHre Humphreys viii |Ht ui blt
eleven mcn. aud Iudr. 1f.f NaN hnt
NIth criminal cnFes
DAMAGE srTr
rf. ,la. ~ wah D.. N7ruc'
Hurr.a Dr. an action f.r 600 damages
f.r the KILLING NJ piarf1 dHu h''.
fur which defendant hook UfIf.f Dr.
s.I0 io Ie responsible pIHIrfn claims
tbuf CDrr.ue hack Dam down 80
Hnurhtrr and fhe dIrl '..u iIr In-
fur..f Iy agreement l.'... OBJ. ni-
urroya MHpuon for pI8IIH end An-
drpUs flr defendant OBJ. .H.. is being
heard by but eleven JarIIE.
CRIMINALS BEFORE GEAR -
Do tho case ~ r. Manuam charged
with malicious injury Judge Gear rec
leased tlp defendant upon motion -
George Davis directing The jury o.
return a verdict ~ aCuuittal The de-
PENDANT was alleged Go have smashed
up about $500 worth nf rnIture Boz tho
house of lIauhikoa, ana Davis moved
Tor acquIttal on The ground that n had
.i..t been shown that tha acts of de-
PENDANT We're malicious Gear sustain
lod the motion, holding that ID must be
d proven that the defendant exhibited
. malice towards the person Go whom the
injury was done, and while drunken
, ness was no excuse. yet there had been
no evidence TO show malice towards
the prosecuting witness, or that Ma
j nuahi was even known by fauhikoa
D prior TO the commission Of the alleged
e. crime. with the assistance of Davis,
70 the surprised boy left the courtroom
p Ia hurry after the verdict had been
4 signed
/, All Chun a dimlnut.ye Chinese boy.
- ten years was next given hearing
. ou the charge Of stealing "a silver
watch. Brooks appeared for the de-
- PENDANT. and az the conclusion Of thg
q prosecution, moved for ID directed YER
3 dict, which Judge Gear denied. The
Dr. jury was out but "a few minutes before
d returning n verdict of not guilty
a Horace Bel entered plea of guilty
b, Go The charge uf larceny in the gee
. ond degree but upon stating his inten-
- t'Uu of leaving town, sentence was sus-
d. pended.
'i THE case Of Onto, % Japanese charged
'- with malicious injury was nest called
l. The defendant De- alleged by one Lu-
.e cas- 90 have torn down % portion of
b. the house which De tChtu) has built
Onto claims that De WAS following in
s strucUous. The case Was sull on trla
,. az the time OF court adjournment, and
=, win b. resumed this morning.
ne DEMURRER OVERRULED.
Pc Judge Gear yesterday filed a writer
~ opinion overriding the demurrer 10
r- the ease OF l.. q. Ablcs W. g. j. Fall
ct al. This was an action to enforce
lien upon "a seat In the Honolulu
Stock Exchange, and to restrain Geo
at r, Carter, as assignee for Falk, from
al selling the seat al auction, The cOur
va holds that a seat in "A stock eNChang
- ~ property subject TO sale or assign
-, ment. The agreement set out In tn
complaint created a charge upon tn
- seat Of defendant G'alD In the Homo
~ lulu Stock Exchange, and therefor
le' created In equity an effeCtual lien.
ID. An agreement which creates a charg
O. upon specific property Is in equity a
r effectual lien as between the partie
m without change Of possession, an
also az 10 others with notice. a cour
al of equity being the appropriate tri
~, bunal, it viii afford all relief neces
~ sary and proper in the premises
III Demurrer rs oycrrulcd and defend
OF ants given five days 10 answer.
re COURT CULLINGS.
10 J. =. Hackfeld has filed his saventl
annual account as guardian OF Pau
M receipts for the year We're Sl5,02G.9 -
and the expenditures, S2,ji0.7g.
IN, The case of Young Tong vs., Laura +
,e- Halualani, forcibe entry and detaine
ee has been discontinued.
VS. 4 demurrer was argued yesterday I
rs the case Of J. Kaiuio, guardian. "
=, Frank Pahia. Judge Robinson took IN
matter under adyisement.
r" 4 motion was made yesterday T.
|s an order to compel Senator j. II. Kah
lima TO turn over the Kalihi rcsldenC
se to his WIFE, which she says is lac
ai, property. The defendant is alleged {
ia have refused TO deliver over the key
OF the property 10 his divorced wiz
an aud she asks for an order from jude
RI Humphreys compelling him TO do go.
49,, A demurrer has been flied IN the cas-
- Of Antoine j. Lopez We. Antonio Manu-
il" Ct a., setting forth that the complain
me fails to state that there was an n,
'sIgnmcpt Of dover, that the sum
bis $3.50 a&oaadH the dover interest ~ 1t
% hi'nDuo iu the sum Of 81 600 n'lege
49,. 10 have been paid by plaintiff for III
land, and that the amounts alleged
,sp have been paid as attorneys fee al
~, not recoverable.
-. An order OF distribution has bee
~ made In the matter OF the estate
ne Alma, This suit has been pending ov,
iy. sixteen years. and there Is now left bI
Ice 1922. 80 for distribution
he George Lycurgus has brought su
against Charles Philips, adminlstrat,
Ia Of the estate Of Henry Congdon, az
against g. -. Freeth, for the sum
No. $4,000 The suit Is TO recover on ~
promissory notes Of $1,000 each, Civ,
by CongdOn and Freeth.
US Judge Humphreys has oyerruled II
ne motion for a new trial In the case
ur- John II Estate VS.. Kahlnu Mcle.