The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-25
TERRITORIAL AND
FEDERAL COURTS

Owing to the death of defendant s
father, the empaneling of a jury for
the trial of E. NJ. Jones, indicted for
two murders, was continued by Judge
Gear until Friday at $780, OF the
twenty-six new jurors summoned, fif-
teen put in an appearance yesterday.
Goto was produced in court by High
Sheriff Brown under writ of habeas
corpus. The claim that he was suffer
ing Infamous punishment without hav-
ing been indicted was argued by Cath
cart for and Peters against. Judge
Gear continued the matter until this
morning.
The motion for new trial of Simac
Souza Camara, convicted of seduction
was argued by Rawlins for the defend
ant and Peters for the Territory. SEN
tence of defendant, with the motion
was continued till Friday.
Stu Sau, in whose case of unlicensed
liquor selling there was mistrial last
cember IA.
VERDICT FOR PLAINTIFF.
The ejectment suit of Hawaiian Trust
Co. against Gear, Lansing & CO., the
defendants who remained in, for one
third interest in the Canton hotel prop
erty went to the jury before Judge De
Bolt at 3:15 yesterday afternoon. Al
$50 a verdict was found for the plain
tiff with $500 damages.
THE FEDERAL COURT.
Judge Dole sentenced Manuel Ross
assistant postmaster at Puunene, who
pleaded guilty to ennbezziement Of pos
tai moneys, to be imprisoned at hard
labor for one year and to make restitu-
ton of the amount embezzled, about
$500.
Hayashida, who pleaded guilty to i'm
porting laborers under contract from
Japan, was. sentenced to Imprisonment
for three months.
In open court j. j. Dunno, represents
ing the United States, paid $4,000 tc
F. NJ. Hatch, representing Honolulu
Plantation Co., for Pearl Harbor lane
condemned to the purposes of nava
station. The late Judge Estee set aside
two verdicts awarding respectively
sos, 600 and 100000 to the defendant
announcing that he would approve {
verdict for $4,000. An appeal was tax
en-, on which the case was RENTED
from the Ninth Circuit Court of Ap
peals to the U. S. District Court here
for a third trial. Since then the partie;
compromised on the amount just caid
JURISDICTION DECIDED.
Judge Robinson, in written deci-
sion, denies an order to terminate the
receivership in the divorce suit Iot
Caroline Silva VS.. Manuel G. Silva
The motion was made by Charles r
Hemenway, as trustee in bankruptcy
of the estate of Manuel G. Silva. The
Henry Waterhouse Trust Co., Ltd, is
the receiver in the divorce case for the
purpose of seeing to the payment Of
permanent alimony of $40 month
Bankruptcy is of Federal jurisdiction
but Judge Robinson quotes the follow.
ing from Federal decision in re See.
bold:
There is no provision in the present
bankrupt law which authorizes or per-
mits the courts of bankruptcy, by the
use of either summary or plenary pur'
pose, to stop the proceedings of the
State court in suit in which it had
already, before the institution of the
proceedings in bankruptcy. obtained
possession of the subject matter and
jurisdiction of the parties" =
Whereupon Judge Robinson COM
ments:
Counsel for the moving party here
the trustee of the bankrupt's estate,
attempts to draw a distinction in. the
application of the principle asserted in
that case, between the prior acquired
jurisdiction of a State court and that
of Territorial court. and between a
voluntary and an involuntary petition
in bankruptcy, but in the absence of
fraud or some other controlling cir
cumstance am unable to recognize
the distinction in either particular"
COURT NOTES.
Return of garnishee summons and at
tachment has been made by DEPUTY
Sheriff John Fernandez of Eva in the
suit of Honolulu Plantation Co. against
J. w. Springston, with the SuDerin-
tendent of Public Works as garnishee.
The suit is for s721.45 for material and
advances in store goods to laborers
working on defendants Eva road con-
tract.
George Hiram alias George Kalikoo-
kalani has begun suit for divorce
against Ellen David. They were mar
ried by Mormon elder on February 1,
1901. The husband charges the wife
with desertion and living in adultery
with William Needham.
Cecil Brown and Anthony Lidgate,
trustees, have discontinued their eject
ment suit against Charles E. Moore.
--e$ >-----t
The rumors about Dr. Murray for
rnerly of Honolulu p11hHsbed bara copoa