Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-12-12
H|[O APPEAL DECIDED
iTOCKYARDS COMPANY
TROUBLES COMPOSED
YOUNG HOLT LIGHTLY sENTENc.
EARTHQUAKES OF SUMNER.
MORT is NOW ON
TRIAL.

by the Supreme Court in the case OF
lkeda and Kubo vs. Hoe Lungan, ac.
ton for damages caused TO plaintiff &
wagon by defendants horse. 1.-The
horse was wild one" says the Su.
preme Court in an opinion by Justice
Perry. THE defendant was riding Il
for the first time, and, indeed, had
never ridden any horse. lie was
thrown, and then the horse ran into
the wagon. This was sufficient for a
prima facie case against the defend
ant"
The defendant appealed from judg-
ment for plaintiff. contending that
there was not sufficient evidence TO
support II. In the syllabus of opinion,
the Supreme Court says:
Appeal dismissed, there being evil
dence to support the finding of the Cir
cult Judge in a law case appealed TO
him from the District Magistrate.
Even If violation Of p. l.. Sec 1858,
by leaving wagon, without a horse
attached, In the street for over fifteen
minutes, were negligence per SC, the
evidence in this case warranted n find
ing that the wagon was not so left for
so long a time.
so leaving wagon in front of ones
store for few minutes while chang.
ing horses is not negligence per Sc, ir-
respective of the statute Even II IL
were, ii would not necessarily be con-
tributory negligence where defend
ants runaway horse ran into the wa
gon and damaged IT,"
Judge Robinson has granted a dis
missal Of the four suits arising cut OF
the Honolulu Stockyards Co. FIRE in
August, 1901. The insurance having
been paid by two companies. the mon
,ey was divided between Levers Il
Cooke as materialmen and NJ. L.
Smith as contractor The building az
1t stands went to the Honolulu Stock.
yards Co.. which may complete the
structure and rent the stores.
Prince David and Prince Cupid have
begun suit against Lila ct al. to quiet
title to land at Paakea.
A writ OF error was sued out yester-
day In the Supreme Court in the case
of s. G. Allen VS.. Thos. Lucas ct al.
George A. Davis, as attorney for
John X. Sumner, yesterday filed
motion asking that the case OF Bishop
Gulstan VS.. J. X. Sumner ct al. be set
down for hearing Immediately. He con-
sents TO trial without a jury and in
his motion 10 Judge Gear says that he
will accept the order OF the court, that
there shall be no appeal. The attorney
represents that Sumner has SiS, 900 tied
up with Bishop & Co.. and is anxious
TO go to Tahiti, and therefore wants
the suit speedily terminated.
owen Holt Jr. was found guilty OF
assault with dangerous weapon for
Chinaman with a shotgun.
The verdict recommended mercy Holt
having claimed the shooting was acci-
dental. On account of his youth Judge
De Bolt gave him the short sentence of
three days at hard labor.
The trial of II. Mort, the japanese
cook and yard boy who, 1t Is alleged,
attempted a few months ago 10 murd sr
Edward Hartman and his wife, was
begun yesterday afternoon before
Judge De Bolt.
Cheong Kwai. sentenced to fivs
years Imprisonment for assault with
intent TO murder, has been granted a
stay of sentence until ten days after
Hing his exceptions TO the Supreme
Court. He was unable to find the bal.
If $500.
John X. Sumner took the stand in
his own behalf yesterday in the sui;
:, ought against him by Y. Amin for the
ecovery Of money said to have been
'dvanced by him for three years past.
The trial has now lasted for several
lays before Judge Robinson. Part OF
he sum claimed was received by him
tut he specified instances where he
lad not been given all his notes called
or or the account set out All OF this
vas, however, set of by claim on the
'art Of Sumner for about $500 alleged
o have been paid by him for Amin to
attorneys. The witness stated that he
lad an account book containing all the
TENS enumerated, which was left in
Tahiti, though he exhibited remark
bile memory regarding some of the
laims. AS to the counterclaim, Sum
Ter related an interesting story OF how
le had first mortgaged his harbor land,
ecently sold TO the Oahu Railway for
10000. He testified that Y. Amin had
sked him to go into partnership with
Jim in the purchase Of rice planta-
ion. Amin required about $4,000 to
urchase the rice plantation and Sum
er says that after much lmporthning
N the part of the Chinese he consented
0 raise 1t for him, The amount was