The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-27
Halls MUST
Be REMOVED
The Tramways Co.
Is Worsted
Again.
prom Saturday, oaily)

Hawaiian 1ramwaNs 60. ana W ~
Pain In favor of the plaintiff lie SAID
that he believed the case Of The Rapid
Transit Co vs.. the Tramways had not
been decided right and that had II
been brought before him originally ne
would have decided 81 differently. lie
intimated also that this case would
have been decided In favor OF Pain,
but that the defendants attorney had
stated that the decision % the supreme
Court was binding and h. would there
fore not question the authority.
"The court f. al a loss said Judge
Gear. 80 understand why the defend
ant came into this court, the defend
ants attorney admitting that the court
is bound by the decision OF the Supreme
Court In a foISner case. The girder
rails were laid on the supposed au-
thority Of the Minister OF the Interior
and not by the permission of the Legis-
lsture. II appears beyond dispute that
the rails laid are not being used for
the running OF the tram cars, and there
is nothing TO do but to grant the prayer
OF the petitioner. ! will state, however.
that ] think / should not have de-
cided the first case In the way II was.
had il been brought before me origin
ally"
KUNSTPAIN CASE.
Judge Gear also overruled the de-
murrer and plea in bar in the case Of
Gustav kunst. assignee of Bishop a.
Co. VS.. w. II. Pain and Mrs. Elise
Neumann, executrix, and gave the de-
PENDANT ten days TO answer. Mrs. Neu-
mann set UP upon demurrer the fact
that no claim had been filed by plain
tin within the required year against
her husbands estate. The court held
that this suit was not for foreclosure
OF mortgage, but to enforce judgment
and that Mrs. Neumann's interest In
the property was subject to the lien
of the judgment. The demurrer was
overruled and the court held that IL
was not necessary TO make a claim on
the estate, when II was simply sought
20 put into effect the decree already
made.
KAHANU'S WILL SET ASIDE.
Judge Gear rendered a decision yes
terday setting aside the will of David
kGhanu. who left property worth $4,000
to Kaialaikl. a native woman, and her
husband, who were mere acquaintances
The contestants are the widow and son
O. the deceased, and were cut OF with
out penny. The court held that 1t
was incumbent upon the proponents to
show that no undue influence had been
exercised upon the testator, and this
had not been proven. The court stated
further that the evidence showed that
kahanu had wished to make some be-
quest to his wife and son, which was
not done. The will was declared null
and void and the probate denied This
would throw the property TO the rela-
tiVes, who are the widow and son
David, cutting OFF Kalalaiki entirely.
sENO ACQUITTED.
Seno. japanese woman who was
accused Of stealing a pearl stone pin
from Fannie Merton, was acquitted by
jury In Judge Robinson's court yes
terday afternoon.
TODAY'S BUSINESS.
Three divorce cases are set for trial
before Judge Robinson this morning.
In the afternoon regular jury business
VIII be taken up, a criminal case being
set for trial. Next week Judge Humph-
reys will sit in chambers.
A VERDICT OF GUILTY.
Yesterday morning the Jury returned
verdict of guilty in the case of John
Waiahao, charged with stealing a ten
dollar pair of gold cum buttons from II.
Wyllie Davis. The defendant had al
ready been in prison six weeks and sem
tence was suspended until the August
term Of court
CHINESE APPEAL.
Formal notice of appeal was filed yes
terday in the case of Territory of Ha-
wall VS.. c. X. Al ct al This is the
United Chinese Society suit in which
Judge Gear found in favor OF the Bow
Wongs.
COURT NOTES.
The Pail divorce case, assigned TO
Judge Humphreys by Judge Robinson,
has been reassigned by the former to
the third Judge.
plea Of abatement has been filed in
the case of Hoffman and Riley VS.. ].
ii. Fisher. foreclosure of mechanics
lien. Defendant claims that the COM
plant is Illegal and irregular and does
not comply with the law, and asks that
II be quashed.
A mechanics lien for $3.50 was filed
yesterday by Hackfeld 4 Co. VS.. ].
II. Fisher.
The annual account OF August Ahrens
and +. w. Macfarlane as guardians of
George Richardson was filed yesterday.
the Income for the past year was 81
ffo.s4, and the disbursements sS26s 90,
leaving balance for the year of
ssl77S. The inventory shows securi-
ties held by the guardians amounting
to s5s,S77.50. Among these are $4,000 OF
y. X. l.. Co. bonds and $1,000 in Eva
Plantation Co. bonds.
An amended complaint, alleging de-
sertion. has been filed in the divorce
case of Mary Harrub VS.. f. l.. Harrub.
The bond in $4,000 OF Fred Harrison
IN the Ferreira habeas corpus case was
cancelled yesterday and a new one
Med, signed by Harrison, r. Ferriera
and Mary Ferreira.