The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-13

them that they were not to consider |
any publications or newspaper COM |
ments.
THE COURT HELPLESS.
Judge Gear probably welcomed the
way the contempt proceedings termi-
mated. Under his own recent deliy-
erance he is absolutely powerless to
enforce a penalty for that offense. An
unpaid fine would make the offender
liable to imprisonment in Oahu prison,
SO that if the amount was but a dol
lar it would be an Infamous punish
ment. Therefore, before Judge Gear
could have the editor of the Advertiser
landed in prison, the case would have
to be investigated by the grand jury.
AS contempt is not an indictable Of
tense the grand jury would not know
what to do with the case. Even if
one threw brick at the Judge in
open court, he could not protect him
self by summary process of contempt.
LONG CHAMBERS CALENDAR.
Judge De Bolt, as presiding judge at
Circuit Court chambers this week, had
a long calendar yesterday.
On the report of w. A. Wall, commits
sioner in the partition case of NJ. F.
Scott ct al. VS.. E. n. Pilipo ct al. the
court granted leave to sell the prop
erty at public auction, at an upset
price of $4,000, after due notice by
newspaper and posters. W. c. Achi
for the commissioner: Castle & With
ington and Enoch Johnson, separately,
for certain defendants: J. A. Magoon,
L. A. Dickey and John Greig, each for
himself.
In the matter of the estates of H
F. Gibbs and Clara Schneider the or
ders for hearings made by Judge Gear
were rescinded for the reason that his
clerk had failed to advertise them as
directed. New orders were signed,
returnable November 16. Atkinson &
Judd appeared for the administrator.
In the matter of the estate of F. 1.
Cutter, on motion of F. Andrade a
continuance was ordered for the pur-
pose of taking testimony by commits
sion in Japan.
A. Frank Cooke was appointed adj
ministrator of the estate of Walter
Lee under bonds of $500. The estate
| the Ancient Order of Foresters, 5000
| and buggy, yacht, etc, valued at $500.
His heirs at law are a widow, two
adult and two infant children. Stewart
| appeared for the petitioner
| Albert Barnes VS. c. r. Collins, bill
for dissolution of partnership and ac-
| counting, was continued indefinitely
| w. A. Whiting and c. F. Clemens for
| plaintiff w. T. Rawlins for defendant.
| Foreclosure of mortgage was ordered
| in the case of Mary E. Foster VS.. Lum
| Kin, trustee, ct al, p. D. Kellett, Jr.
being appointed commissioner of sale
| and publication of notice ordered in
the Advertiser and a Chinese paper.
| Date of sale will be set in decree. E..
A Mott Smith for plaintiff; defend
ants in default.
In the matter of the guardianship of
Kaaua, now deceased, the account of
C. P. Iaukea, guardian, was approved,
excepting an overcharge of commits
sion, $1140, and he ordered discharged
upon paying over the balance to the
administrator. W. A Whiting for
guardian; J. J. Dunno for admins
| traitor.
The C. R. Bishop trust accounts were
referred to George Lucas as master.
Motions to dismiss the appeals in
the cases of Hawaiian Electric Co
against w. c. King and King Bros
were denied, the motions Of plaintiff
for leave to amend notices of appeal
being granted. Smith & Lewis for
plaintiff; c. w. Ashford for defend
ant.
NEW TRIAL ORDERED.
Judge Robinson yesterday set aside
the verdict in the suit of ]. c. AxteH VS.
H. E. Hendrick, which awarded thu
plaintiff $4,000 damages against the de
PENDANT for malicious prosecution. HI
regarded the amount of damages out
rageous, a search of many cases of thu
kind showing no verdict for damages
approaching it. A new trial was order
ed and further proceedings were as
signed to Judge De Bolt.
At the outset of the hearing motion
to strike the motion for new tria
from the files was overruled. After th'
decision, to which plaintiff noted ex
ceptions, plaintiff moved for an orde
requiring defendant to furnish add
tional security This was set for hear
ing on Wednesday.
Another motion on file is for an at
tachment against the property OIL ue
PENDANT on the grounds that II.
Hendrick, two days after the verdict
sold his property to c. NJ. Lovested TO
$500, of which $1,000 was cash and thu
balance secured by a note or notes, tina
he was secreting his property, als'
damaging and wasting it, and that n
was about to leave the Territory.
c. C. Biting appeared for piaintiff
and Thomas Fitch for defendant. Mr.
Fitch was on crutches owing to his re
cent attack by inf1ammatory rheuma
tism. He stated that he intended leav
ing for San Francisco today, but would
return in January to attend to his case:
here.
A temporary injunction was granted
by Judge De Bolt, under a bond in S25
to Hendrick by Axten with E, O. White
as surety, restraining Hendrick from
disposipg of his property subject t.
execution.
POSSESSION APPEAL.
Pang Chong has appealed from judg
mont in tho EODOlul1 District COur