The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-27
HUNTING
THE MONEY
Trouble OverNOte
In the Circuit
Court.

ne tfidl OF the case OF Ellen AcOul-
| ly-Higgins VS.. the trustees OF Queens
hospital and the Waikiki Land and
Loan Association occupied the atten-
ton of Judge Humphreys all day yes
OF 100000 note and a $4,000 mort
gage upon the McCully tract for which
the plaintiff claims she received no
consideration. During the day the fol-
lowing witnesses were on the stand:
Mrs. McCully Higgins. the plaintiff; w.
r. Castle. Henry Waterhouse. A. b.
Wood, A. A. Wilder, r. w. Single
and f. o. White.
From the evidence it appears that the
100000 note was given by E. o. White
who held a power OF attorney for the
plaintiff to the Queens hospital, the
McCully tract being offered as security
and the checks for that amount were
paid over to him. z. P. Chaplin was
given a power of attorney at the time
of the departure of White. and, accord
ing to the latter's testimony. Joined
with him in the deal. Mrs McCully-
Higgins testified that she had never re-
ceived a cent of the money loaned by
the Queens hospital on her note. and
had never authorized any one to re-
ceive it for her. as she had never been
informed OF the transaction.
Mr.. White testified that he had re-
ceived checks for the full amount and
had turned part of them over to Paris
of the Waikiki Land Co., who had paid
$4,000 claim against the SicCully
tract property to Bishop & Co. He
testified further that he had loaned
$4,000 to Paris, taking two notes, unse-
cured. but the testimony was not clear
as to what became of the remainder OF
the money. Mr.. White strenuously de-
MED having received the money on his
own account, and said that he had re-
ceived but $1,000 as his commissions on
the sale of the McCully tract to Paris.
which he thought might have come out
OF the money loaned to the latter. He
said on direct examination that at the
time he had received this amount as
commissions from Paris, he had also
been acting agent for Mrs. McCully-
Higgins, and was being paid for it at
the rate of twenty-five dollars per
month. He had not informed her of the
deal because he expected to meet her
in Charleston, but did not. though he
had seen her for a few minutes at a.
time in Chicago and San Francisco but
not long enough to explain the transact
ton. 1t appeared further that White
had departed the same night as the
deal was concluded and he expected to
go Immediately to visit his principal at !
Charleston.
The deal appears to have been a
very complicated one and from the |
evidence of yesterday it is not quite !
clear as to what the exact nature of the
transaction was. The evidence today |
will probably throw more light upon !
the subject.
MINISTER ANSWERS DIVORCE
CHARGE.
Rev. Henry Victor Morgan yesterday
filed lengthy answer to the divorce IL
bel of Christine Morgan. He denies
hat he was employed in carriage build
ing. but says at the time OF his mar
riage to the plaintiff he was pastor of
the First Christian Church OF Alameda,
Cal. On coming to Honolulu in Sep
tember, 1898. he began preaching at
Eva and Pearl City. During this time
he says he was providing for his wife,
and even allowing her to take music
lessons. In July. 1901, his health made
necessary a trip to the coast. He says
he had no remembrance of the pur- |
chase of dresses. and that he and his
wife were mutually interested in pay
ing for their home. Rev. Mr.. Morgan
quotes from his wife's letters suggest
ing a divorce. and saying he was not
her ideal. In reply he consented to a
plead for such proceeding or TO allow
he elders of the Christian church to
irbitrate the matter. This she also re-
used. The defendant asks that the
divorce be not granted, and that he be
given the custody OF the two minor
.hildIen.
CIRCUIT COURT NOTES.
Appeals from the District Court were
lied yesterday in the following civil
.ases: w. 5. Noblitt VS.. Frank God ,
rey. Won Kee ct al. VS.. Wong Sing ct
H.. c. Ming Hymn VS.. Young Tong, Nj.
Phillips < Co. ct al. VS.. Lun Chong Co
md Vincent az Belser VS.. Wong Shin 4
King. !
Judge Gear yesterday assigned the
ase OF L. g. Ables VS.. G. J. Falk for
tearing before him next Wednesday I
morning. II
The final accounts OF Chew Man. adj ,
of the estate OF zee Chew /.
Jaw, We're approved yesterday.