The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-04-01
START
A NEW SUIT.
Hearing
Must Be Had
Again.

} Ellen Accomplishments vs. The queens
I Hospital was dismissed by Judge Hum
| phreys Saturday, but an amended bill
VIII be filed Immediately.
The charge OF obstructing Justice made
against a. b. Wood fell through and
| Mr. wood was discharged and highly
eulogized by the court.
! Al the opening OF the court w. O.
/ Smith asked that the firm Of Smith Il
Lewis be entered for MIR. Waterhouse
and Mr.. Wood, but the court denied the
motion as to Wood, stating that he was
not a party to the proceedings.
Mr.. Mechanism then presented aft-
davits by w. II. Castle and A. NJ. Camp
bell setting out portion OF the con-
| versation alleged to have been overheard
10y Campbell. and by him repeated to
Mr.. Castle. 1t was simply a statement
! that Mr.. Wood had said to Chaplin my
recollection of the matter is and then
Campbell heard no more. Mr.. McClana-
han made an oral statement OF the
facts, stating that he had simply receiv-
ed his information from Mr.. Castle and
thought he owed 1t to the court and TO
his client to make the facts public. w.
o. Smith again attempted to enter an
appearance for A. Il. Wood but was
stopped by Judge Humphreys who stat
ed that Mr.. Wood was not before the
court. no citation having been issued.
He then said:
McClanahan will set forth fully and at
large the statement which he has now
made orally to the court and assuming
that the statement made in the affidavit
of Mr. Campbell and also the statement
made in the affidavit of Mr.. Castle to
be true, | do not think that the mat
ter therein set forth would warrant the
court in issuing citation for Mr.. Wood
/ to appear and show cause why he should
he dealt with and for a contempt or
this court in attempting to influence or
intimidate witness under the process
! of the court. There Is nothing in the
conversation which Mr.. Wood had with
Mr. Chaplin as set forth and detailed by
Mr.. Campbell which is in anywise in
consistent with the reputation, with the
excellent reputation, which Mr.. Wood
has always enjoyed in this community
for uprightness, integrity and fair deal
ing. The affidavits will be stricken from
the files and the remarks made by Mr.
Mechanism on Thursday with reference
to Mr.. Woods conduct will. be expunged
from the records. The statement made
by Mr.. McClanahan was doubtless made
in good faith. The court does not chal-
lenge that part OF 1t at all, but 1t is
due to Mr.. Wood that the statements
which We're made under a misapprehen-
sion as to his conduct should not be
embalmed in the records OF this court
The court is very happy to make this
order and render Mr.. Wood this simple
act of justice"
George Paris during the course of the
proceedings interrupted the court and
wished to make a statement but was
not allowed to do so, Judge Humphreys
stating that he understood what he in
tended to say as the matter had been
I discussed in his chambers previously.
X COMPLAINT DISMISSED.
- Mr. Mechanism then read the amend
h ed bill which contained charges of fraud
+ on the part of the Queens Hospital as
a cause for complaint, and named a. b..
:. Wood as one of the trustees. The mo-
, ton for leave to amend was accom-
:. panied by aflidavits from the two attor-
neys and by Mrs. Higgins
! After some argument between Mr. Nc
3 Clanahan and Mr. Robertson the court
S refused to allow the filing of the amend
e ed complaint and dismissed the bill with
n out prejudice. This will allow the filing
Il of new petition setting out the facts
= revealed at the hearing and the new suit
+ will be instituted Immediately.
: SUPREME COURT DECISIONS.
\ Two decisions were handed down by
a the Supreme Court Saturday. In the
= case of Mary sylvia Keanu VS.. Kaohi,
= Judge kalua is reversed, the court in
. Frear holding
!. "A devise of all that piece and parcel
. of land carries the fee.
= IAN expression that the devise lis to
= be her dover without any personal prop
y erty but this is much more than II she
q took her dover of all my estate does
not show any intention that the devise
: was to be for life only"
The decree of the First Circuit Court
=, in the case of John Kidwell VS.. Frank
u Godfrey Is set aside, the court in "A
decision by Justice Perry holding that
no ind In, In, li la
J. complaint The case is remanded to the
. First Circuit Court for hearing.
Welded BLISS WAS BRIEF.
q Mrs. Lenne Hopper Barth has institut-
4 ed suit for separate maintenance against
p her husband, WIN. II. Barth, owner of
: the Honolulu Sheet Metal Works. She
: accuses him of cruel treatment. The par
A ties We're just married in this city jan
= uary 9Th, of this year, and the wife is
A but nineteen years of age. She claims
;. her husbands income is $500 per month
= and asks that she be allowed one-third
that amount for her own support to-
" gether with reasonable attorneys fees.
!. As the parties TO the suit have not lived
: here sufficient time TO allow of divorce
n only separate maintenance is asked
a COURT NOTES.
e Deputy Attorney General Douthitt has
J. been detailed to appear for the Territory
3, In the criminal cases in police court
II ID. II. Case, Guardian of the Lazarus
minors, has filed his final report, showing
\, receipts of s5,6o1.70 and disbursements OF
p 1914.
r. Judge Robinson dismissed the case OF
Puhipaka Guerrero minor by her guar
= dian, VS., Frank Pahia. This was the
+ suit for the possession OF land during
l. the trial of which Pahia was sent to jai
for contempt for refusing TO return tn,
- deed.
4. The motion to quash the execution II
the case of Vincent a. Belser vs. Wonl
Shut King was denied by Judge Robin
"A son.
l. Judge Gear heard divorce cases Satur
ar day. In the Kupihea case he ordered
IA the payment OF temporary alimony o.
ee s25 to the wife. and attorneys fees o
=. $40