The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-27
TWO DECISIONS
OF SUPREME COURT
FITCH LOSES HIS BECKY PANEE
FEE AND FLINT Is DENIED
DIVORCE.

The Supreme Court on Wednesday
/ handed down a decision which fhally
shuts Thomas Fitch out of his expect
ed fee of 81 ,259 in the matter of his petit
! ton to get rid of Becky Panees guar
Gianship trust. Fitch was awarded the
fee in the lower court, but Magoon, the
! guardian, did not pay it. Becky was
! represented by Il. NJ. Watson, as next
/ friend" while w. S. Fleming appeared
! for Fitch. The court. I'm an opinion by
Justice Galbraith, is unanimous in
! holding that the writ of error asked for
/ was defective. There never was any
such suit brought as that described IN
the petition for error, says the court,
and Watson's motion to dismiss the
/ writ is granted.
In the case of II. w. Flint VS.. Nina
|. Flint an action for divorce on the
ground of cruelty, the decision of Judge
Robinson refusing a divorce, is SUSTAIN
ed. The plaintiff appealed on the ground
that the circuit judges decision was
contrary to the evidence and on the
further ground that the court erred ~
sustaining general objections to evil
dence, on the ground that such evidence
was incompetent, irrelevant and mlna-
terial The decision, by Justice CAL
braith, has the following on these two
points:
THE libellant does not contend that
the charge of cruelty was sustained
but does insist that the charge of hav-
bitual intemperance was established by
the evidence.
mo useful purpose would be served
by setting out the evidence in detail
1t is sufficient to state on this branch
OF the case that the evidence intro
duced on behalf of the libellant tended
to prove the charge and If 1t had
not been contradicted possibly would
have been sufficient TO sustain it, and
that there was testimony produced by
the libellee that tended to show that
the charge was false. Under our
statute a decision in a divorce case is
like the verdict of a jury in that it
cannot be set aside or reversed if
there is sufficient evidence to support
IT. Bartlett VS.. Bartlett, 13 Haw. 7O7,
713.
THE court has the power to exclude
incompetent evidence of it's own mo-
ton without objection q Jones, Evil
4 dence, Sec. 1859; id. Sec. $685. and as
a matter of course can exclude it when
objection is made although the form
/ OF the objection may be general
There is another reason why these
exceptions cannot be sustained. The
law is we'll settled in this Jurisdiction
that the manner of the introduction of
testimony and the latitude to be allow
ed counsel particularly on the cross
examination of witnesses is largely
vested in the discretion of the trial
court and that this discretion will not
be reviewed by the appellate court ex-
Cept in clear cases of abuse. Booth Vs.
Beckley, II Haw. 521; Merricourt VS..
ms. Company Is Haw 221 The record
in this case not only fails to show any
abuse of discretion but proves that the
trial court allowed to counsel reason
able latitude in the cross-eXamination
The exceptions are overruled."
William Pfotenhauer, NJ. T. Simon
ton and 5. II. Derby, appraisers of the
estate of Henry Friedrich Glade, de-
ceased, in the Territory, have returned
the valuation as $780, 800. This is sworn
to as correct by j. F. Hackfeld, sole
surviving executor of the will, before
Hunyn Tieduick, U. S. consul at Bre-
men, Germany, on November g. 1903
There are 1858 shares of Pioneer Mill
co. appraised at the par value of 800 a
snare, and 800 shares preferred of H
Hackfeld & Co. at $3.50 a share, or $50
above par.
Judge De Bolt having denied a mo-
ton for continuance, w. c. Achi for
defendant withdrew the appeal in Goo
Wan Hoy VS.. Samuel Kaai from judg-
ment for plaintiff. E. NJ. Watson ap-
peared for plaintiff.
Judge De Bolt ordered amendment Of
complaint and summons in the suit OF
Castle & Lansdale against the execu-
tors of the estate of S. c. Allen, maxi
ing Bathsheba M. Allen, executrix, a
party defendant.
Kinney, Mechanism & Cooper for
defendants have filed a motion to quash
writ of error in the action to quiet title
OF Lucy K. Peabody VS.. Trustees under
the will of b. p. Bishop. Among the
grounds are that execution on the judi
ment has been satisfied and that it does
not appear that the writ was issued
within the time required by law.
Judgment form has been filed for $40
according to the verdict, with plain
tiff's bill of cost of $l4, in the Islander
suit of Nj. K. Nakuina VS.. Thomas G.
Thrum. No appeal will be taken.
A discontinuance was filed in Judge
Dole's court and dismissal ordered of
the admiralty salvage suit of John d.
Spreckels & Bros. Co. against the Brit
ish steamer Clavering. This case was
compromised in San Francisco.
Joseph G.. Pratt was admitted to
practice law in the Federal courts Of
this district, on motion of District At
torney r. w. Breckons
Judge De Bolt granted a non-suit on
Wednesday afternoon in the case Of
Jose Furtado VS.. w. C. A2hi and wife,
and in the case of Levers & Cooke VS..
Hing Zip Company, a verdict was
directed for plaintiff for $1S9654.
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