The Hawaiian gazette., 1902-01-28
WILL OFFER
The GOLD
Another Tender to
the Bishop
Estate.
(From Saturdays dally)

station has been withdrawn and instead
the amount, So, 1870, in gold will be
rendered today. This Is to be done In
order that there may be no question OF
the intention of the United States. upon
appeal. to take the land. That amount
OF money in gold will make n rather
formidable package. Estimating an
ounce of gold as worth sixteen dollars,
the total weight of the coin to be offered
to the Bishop Estate will be about two
hundred pounds.
Tho tender will be made today official
ly TO the Bishop Estate, and not to Unit
ed States Clerk Mailing, as had been done
with the check previously. Captain Mer-
ry has requested that a meeting be held
of the trustees of the Bishop Estate at
which he will make a formal tender OF
the gold. The trustees have agreed to
meet him today, though the offer will not
be accepted The transcript OF evidence
In this case is now being prepared for
submission to the Ninth Circuit Court OF
Appeals at San Francisco.
BANKRUPTCY MATTERS.
Wade Thayer. trustee In the bankrupt
cy matter of g. T. Amana, has filed in
the United States Court an Offer of COM
promise with Bishop & Co. for their
claim of $500. 1t appears that Amana
paid to Bishop 4 Co. the sum of $500
the bankruptcy petition. but under the
bankruptcy act such payment Is Illegal.
in that 1t Is a discrimination against
other creditors. The trustee was prepar-
ing to sue for the recovery of this
amount when a compromise was suggest
I'D, Bishop G. Co. agreeing to pay back
$50 of the amount collected, ana relin-
Guish all further claim against the bank
rupt. Trustee Thayer advises that it is
to the interest of the creditors to accept
the offer.
The commission appointed Thursday to
appraise the property of j. T. Schneider,
bankrupt. fled their report yesterday.
placing upon the estate value of $1,000.
A NEW CITIZEN
Francis ]. Behr. a former subject OF
Emperor Wilhelm Of Germany, took the
cath of citizenship before Judge Estee
yesterday. His qualifications were con-
sidered excellent, in that they consisted
Of discharge papers showing three years
service in the United States Army in
Cuba and the Philippines, and also a
commission In the army as lieutenant.
The Court considered the documents suf-
hcent proof of the willingness of the
applicant to fight for his adopted coun-
try. Lieutenant Behr Is now stationed at
Camp Mckinley.
CIRCUIT COURT.
The Degreaves divorce case was before
Judge Humphreys yesterday afternoon,
on a motion by the wife for temporary
alimony during the tendency of the suit.
Evidence was introduced by the defend
ant to prove that she was destitute and
without means of support but the Court
did not believe the showing sufficient. II
do not think this lady is entirely desti-
tute," Judge Humphreys remarked, land
If she Is not we'll endowed with this
worlds goods she has excellent credit a
any rate, for she succeeded In running
up Il bill OF $500 against her husband for
board and lodging. However, l will Or
der an attorneys fee of fifty dollars TO
be paid by plaintiff, also ten dollars for
necessary court expenses of defendant.
The motion for aimony Is denied"
Mr.. Stewart then brought up the afll-
lated proceeding. John Stephenson VS..
John Degreaves, and insisted that the
bill of particulars filed by plaintiff was
insufficient. He held that the complaint
set out that Stephenson was entitled to
pay for board. washing and lodging OF
defendants wife and the bill of particu-
lars simply gave lump sum per month
Mr.. Fitch replied that as plaintiffs book
keeper had not been present all the time
he was unable to comply further with
the order. or tell exactly what the wom-
an ate every day, or the exact cost Of
finally allowed the bill of particulars to
stand, and denied Stewards second mo-
ton.
THE SILVA ESTATE FIGHT.
Another squabble was begun In Circuit
Court yesterday over the estate of Jose
Antonio Da Silva. motion being filed
for modification of the order of Judge
Gear giving the entire estate to the
widow. The motion is made by Jacintha
da Silva, who claims to be a sister OF
the deceased; and calls also for an order
to fix the fee that should be paid to Tom
Fitch, as attorney at the former trial
The petition sets out that Fitch has al
ready been given retainer of $50. and
also charged 20 per cent upon $3.50 and
upon some real estate belonging to heirs
of deceased.
The estate of da Silva has been a
bone of contention ever since his death,
and there have been claimants from two
or three different places. The affidavit
made by this latest claimant Is as fol-
ows:
Kingdom of Portugal, Island of Ma
deira, City of Funchal.
II. Jacintha da Silva, residing in the
City of Funchal, Island of Madeira, be-
Ing duly sworn, depose and say as fol-
lows:
my name Is Jacintha da Silva. I am
the sister of Jose Antonio da Silva, who
died at Honolulu. Hawaii Territory, Unit
ed States of America, intestate, on or
about the 18th of November. 1900. There
are no sisters other than myself or
brothers. or descendants. of sisters or
brothers, or father or mother, of Jose
Antonio da Silva aforesaid now living
And further / say not
'JACINTHA QHer Mark DA SILVA
Subscribed and sworn to before me
this 18th day of November. 1901 T. c.
James. Y. s. Consul"
THE BROWN WILL.
The will of the late Frank Brown, with
a petition for the appointment of II. NJ
Won Holt, was filed yesterday. The value
Of the estate Is given at $500. and Mr.
Won Holt was appointed executor upor
giving a bond of 5000 To VIM. b. Rice
son OF Lavinia Kapu. and long in tn,
employ of Brown. Is given the horse and
wagon used by the Hawaiian Wine Com