The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-26
PAIN GOT
THE SHEEP
Gear Says He Took
Them From
Lanai.
REPORT MADE IN
CAMPBELL ESTATE:
Holt Will Case Again-Woman
Creates Scene in
Court.

approved by Judge Gear yesterday anC
with the order came several matter
not down in the Commissioners report
by the care-taker Judge Gear charged
that w. H. Pain, one of the defend
ants, had been removing sheep from the
ranch without authority even after the
property had passed into possession OF
the court.
Judge Stanley, who appeared for the
Bishop Estate objected to the charge
for care-takers saying that there was
already care-taker on the ground who
was receiving 500 per month, and who
was being paid jointly by the parties to
the suit and by Hayselden who owned
a one-third interest in the island.
1T seems to me that a new care
taker was necessary said Judge Gear.
81 had been informed that sheep were
being taken from there and shipped
here, and it wouldn't do for the COM
missioner appointed by the court to
keep in charge the man who had per-
mitted this. If Mr.. Pain was shipping
sheep it should not have been allowed
| to continue, as these sheep were sent
here without the consent of Mr.. Hay
seldom"
/ Judge Stanley replied that as Haysel-
den was an interested party he should
pay his third as before, and objected
further because the position had been
given to son of Hayselden and seem
ingly to protect his sheep.
1T was told me-, replied the court,
that sheep were being shipped after
the property had been placed in the
courts hands. Mr.. Barnes conferred
with me in regard to a care-taker and
1 agreed with him that some one else
was needed, and so Hayselden was ap-
pointed
The charge for care-taking was final
ly reduced by the court from 1878 to
1901. Gear held that though the COM
missioner cared for the entire property
one-third of the cost could not be taxed
against Hayselden simply because he
owned a portion of the sheep. There
was long discussion also over the
payment of taxes and it was finally de-
cided that the purchaser would be COM
PEELED 10 pay this charge. The rents
which We're payable in advance were
held by the court to be properly charge
able against the funds in the hands of
d
fee of $1,000 for the services of the COM
missioner, A. Barnes, out of which he
is to pay an auctioneer's fee of 500
and attorney fee of $3.50.
Besides the other expenses there are
attorneys fees allowed as follows:
George Davis, 81, 500; Hatch & SiIIiman,
$3.50, and Holmes & Stanley. $3.50. Davis
complained to the court that the news
papers had been saying unkind things
I,fe- 81
required no discussion of the subject
Davis couldn't be stopped though and
explained that the case had been long
and difficult and that there were lots
OF lawyers here, and the business of
the country hau to be carried on by
some one and it ought not be under
fire.
The principal objection to the various
charges was by Holmes & Stanley, who
represented Bishop & Co., holding the
second mortgage which the heavy court
charges and fat fees threaten to i'm
pair. Il
THE HOLT WILL CASE.
Notice was given yesterday in the
Holt will case that an attack would
be made upon the Jurisdiction of the
Supreme Court which admitted the will
to probate. An amendment to the orig
inal petition for setting aside the
probate will be filed today. The Ha-
waiian Trust Co, also filed a petition
Tor intervention yesterday, as the trus-
tee Tor George A. Aldrich, whose prom
erty would be affected by setting aside
the probate. Henry Smith as trustee
also demurred yesterday to the bill of
complaint on the same grounds given
by other defendants.
A SCENE IN COURT.
Mrs. Gertz, defendant in an old suit
Tor foreclosure of mortgage on proper
" near hawaiahao church, for which
Magoon was her attorney, appeared in
court yesterday at noon and created a
scene, charging that the attorney had
robbed her, and that nearly all other
attorneys in the city We're in league
with him in a conspiracy. She said she
mad appealed to President Roosevelt,
who had referred her back to the courts
for her rights. and she insisted on hav-
ing them. She wished Judge Gear to
reopen the suit already decided finally
but the Court said it was too late She
with general denunciation of
all attorneys. Magoon and Cecil Brown ,
being singled out for the woman's at
tacks. w o. Smith finally stated that
he represented Mrs. Forbes, who had
purchased the mortgaged property, and
IL there was any way to reopen the
SUIT he was willing il should be done
MRS. Gertz, who appeared to have con-
siderable legal knowledge finally asked {
that she be allowed to file an amended
complaint, and the Court said he would
consider the matter, the document be-
ing left with the clerk
NO FEE ALLOWED
Judge Gear dismissed the bill. in the
Ease OF Montana VS.. Castle yesterday
lpon order of the Supreme Court, and
'Ver the objection of Mr.. MagOon. Gear T