The Hawaiian gazette., 1902-07-11
-FOUR COURTS
At WORK
Aud Gets Verdict. .Su.
preme Court Passes on
Spendthrift Case.
prom Thursday dany)


Judgment for plaintiff was rendered
by jury yesterday In the case of
James Aud ct al. W. oahu Lumber &
building co. and others The instru,-
tons OF Judge Humphreys practically
ordered a verdict for plaintiff for the
property and the jdry found for Aud
for possession of seven -eighths Of the
valuable business block, and $4,000 dam
ages. The court held that where pos
session of property IL retained wrong
fully. the holders are liable for all prof
its accruing therefrom during the pc
Rod. The $500 IL seven -eighths of the
amount of rents collected since the
death Of Mrs. Aud when the lease ex-
pired.
MOTION FOR NON SUIT.
In the case of Henry Smith VS.. Mrs.
Rose and S. B. Dole. as Governor. the
defendants presented a motion for non
suit yesterday and after argument the
matter was taken under advisement by
Judge Robinson. a decision will be
given Monday.
THE BERTLEMAN WILL.
The Bertleman will case was before
the Supreme Court yesterday again.
The will was drawn by a priest and is
rather an ambiguous document. The
Supreme Court wanted some of the
knotty points explained and f. NJ.
Brooks and Frank Andrade, the attor-
neys in the case, were summoned TO
throw some light on the subject.
KALUA sPENDTHRIFT CASE.
A decision was handed down by the
Supreme Court yesterday denying the
petition of Thomas Fitch for a re-
opening of the Kalua Kapukini spend
thrift case. The court says that the
very fact that Fitch voluntarily re-
duced his fee from $500. to $500 would
only strengthen the courts former de-
Cision that Kapukini was spend
thrift The court suggests that Soun-
sci should apply TO the Circuit Judge
for allowance OF advances made by
him TO Kalua, and for the $500 fee
paid by Fitch to Davis.
FEDERAL COURT.
Murata, a japanese, was yesterday
refused n petition in bankruptcy by
Judge Estee. Murata was unable 80
tell how much he owed his employees
or what he had paid them, and he be-
came much confused on examination
Judge Estee remarked that it appeared
as If the bankrupt was trying to make
money out of the court.
William II. Rawlins was sworn in as
referee in bankruptcy yesterday.
SUIT AGAINST LANE.
Yesterday afternoon the case of Ke-
oni Ahu Puuki VS.. Lot X. G. Lane was
taken up by Judge Humphreys. This
is a suit in assumpsit The plaintiff, ar
aged Hawaiian woman, alleges that il
1897 being old and feeble, she decided
all her property to Lane, in consider
alton of which she was to be cared fol-
for the remainder of her life. She now
complains that the defendant failed tC
keep his contract and she values thi!
neglect at $500, asking judgment fol
that amount.
The jury hearing the case is composed
as follows: James Mckee, w. Il. Fish
er, David Motley, II. f. Wichman
Charles Schoellkoph, James X. Merse
berg, Frank II. Foster, John A. Hughes
II. r. Mossman, f. j. Crawford l.. +
Mikalani, l.. II. Dee.
CIRCUIT COURT NOTES.
John f. Bush, Hawaiian court inter
prefer. has applied for a license to prac
tice law in the district courts.
Fred Wundenberg made similar ap
plication and he was granted licens
by Judge Humphreys.
b. w. Houghtailing has been appoint
ed administrator of the estate o
George s. Houghtailing.
An injunction was issued yesterda.
in the ease of Kaninui VS.. Kolai ct al
The following cases will follow tn
one now on trial: No. "a. Mcintyre We
Nakuina; No. 55 Chez Kit VS.. lie,
Lung; No. G5, Wilder Steamship Co
vs.. W. II. Pain; No. 66, zee Wo VS.
Lam Zip, and No. 81, Kaolelopono VS.
Kalei.