The Hawaiian gazette., 1903-09-04
Geo.. DAVIS
BACK AGAIN
Asks a Rehearing
From Supreme
Court.

down entered n petition Tor a reneAr-
ing of the dlsbarment proceedings in
his case in 1.-THE Supreme Court. Fol-
lowing are the grounds be presents:
THAT he did not have time to prop
erly prepare for his defence on the
hearing in this matter.
THAT several necessary and material
witnesses We're absent from Honolulu
at the time of the hearing of this mat
ter by this court.
THAT this court had no jurisdiction
in the absence of a complaint by the
party or parties interested to hear and
/ determine this matter and to disbar
and revoke the license of your peti-
toner as set forth in the order of this
court.
THAT the statute of this Territory in
| the matter of the proceedings against
your petitioner was not followed and
the filing of an Information by the At
torney-General was irregular and rem
| dered the proceeding void and the or
der is therefore void.
That the acts and conduct of your
petitioner in the several suits and pro-
| ceedings as set forth and contained in
the information and upon which the
judgment of this court was based We're
ratified and confirmed by the acts and
conduct of the several parties inter-
ested and the evidence discloses that
your petitioner acted in good faith In
his conduct of the several suits and
proceedings and his acceptance of the
offer of John *. Sumner to pay your
petitioner two thousand dollars was not
unprofessional conduct and was a mat
ter that was within the rights of your
petitioner.
THAT your petitioner alleges and
suggests respectfully the disqualified
ton of one of the Justices who heard
and determined this matter on the
ground of interest and relationship
within the meaning of the Act to Pro-
vide Government for the Territory Of
Hawaii and that said order of dishar-
ment is void.
"That the evidence had upon the
hearing does not sustain the findings of
the court and the findings order and
judgment of the court was and is con-
trary to the law and evidence.
THAT there was no evidence to SUP
port the allegations of the information
filed against your petitioner.
THAT the court had no power to re-
woke the license of your petitioner to
practice in the District Court of Ho-
nolulu as your petitioner was ut the
time said order was made third District
Magistrate of Honolulu and was the
presiding magistrate of said District
Court on the day the order of dishar-
ment was made and this petitioner
respectfully represents and alleges that
this Supreme Court exceeded it's powers
in making such order"
sPRECKELS IS READY.
Claus Spreckels by his attorneys,
Kinney & Mechanism and Hatch &
Ballou, have given notice of motion to
set the demurrer for hearing at a day
certain, in the ejectment suit of Emma
Claudina Spreckels Watson VS.. Claus
Spreckels. This case involves Honolulu
real estate of the value of about half
q million dollars.
DIVORCE CASES.
Henry Lowell denies the allegations
of cause for divorce in the libel of his
wife. Isabella Mahinaku Lowell.
Judge De Bolt granted n divorce to
Josephine Rightly Robnsos against
George Rightly Robinson on the
ground of non-suppOrt. The couple
was married at San Francisco on Sep
TENDER 10. 1891, by Rev. Arthur Crosby. |
The libel alleged that the husband neg
lected to support the wife since April |
5, 1902. There We're no children of the |
DIN SING LETS GO.
C. Din Sing has discontinued his suit
against the oahu Lumber and Building |
Co. for $4,000 damages for malicious
of a civil suit, including |
the issue of writ of ne eXeat for his ar
rest, a search of his dwelling and of |
the steamer Nippon Maru for him, and |
scandal and hue and cry raised about |
him in Honolulu, where he had been a !
for 23 years.
PROBATE MATTERS.
George Chalmers, guardian of his |
nine minor children, has filed an in
ventory showing that their whole es-
tate consists in life Insurance policy |
for $4,000.
Judge Robinson, after a hearing yes
terday morning, dismissed without |,
prejudice the petition of Edgar Hen 4
riques for the removal of Mrs. Jessie |
Kaae as executrix of the estate OF the !
late Mrs. Margaret V. Carter of Ma
kao. Oahu. L. Andrews and w. s. !
Fleming appeared for the petitioner |
and G. w. Ashford for the respondent. |
The court was unable to find that
case of neglect sufficient as cause of
removal had been established. Mrs.
Kaae's failure to publish the usual no.
tice and to file an inventory Judge Rob
inson attributed to the oversight Of her
attorney ia not advising her of her
Duties.
Regarding the alleged unauthorized
occupancy of the homestead by the re-
spOndent, the court solicited the advice
of counsel as to how far the privileges
of an executriN went An executor
was certainly responsible for all acts
OF entry, etc.
In the afternoon Mrs. Kaae filed an
inventory of the estate II occupies
six typewritten pages and few OF the
items go over line or two. There are
nearly two pages taken up with Jewell
ry and plato comprising 10l items OF
which large proportion is gold.