The Hawaiian gazette., 1903-08-25
V|DAS MUST
STAY WE'D
The Wife's Case
Not Made
Out.

people would be better separated imam
married" Judge De Bolt said at the
conclusion of the hearing of the Nlua
divorce case yesterday. But the law
is our master" he went on to say, ana
there are certain essential things re-
uuired to be proved to establish the
ground of non-support. i do not con-
slider that a case has been made out
according to the statute, and L there-
fore, reluctantly / must say, order the
libel to be dismissed"
l.. ]. Warren of Smith & Lewis ap-
peared for the libellant, Annie L. VIDA
and l., NJ. Straus for the libellee, WIZ
liam C. Vida. 1t came out in evidence
that from their marriage the coupe
lived at the home of Joseph smith, the
wife'e father. Recently the HUSBAND
wanted the wife to leave there so that
they could go housekeeping for thehi-
selves.
Mrs. Vida refused to leave her pa
rental roof, as she alleged, on account
of ill-treatment she had received from
her husband. AS to this there was eVi-
dence of his beating her and knocking
her down. On his own behalf the de-
fendant swore he had never lald Vlo-
PERJURY DEVELOPED.
All day long yesterday the hapeas
corpus case of Jue Gun alias Chu Kin
against Jung Hing, for the custody OF
the respondents two babies, dragged
along in Judge Gears court. Adjourn
ment shortly before o'clock was sig
nalized by a sensational eposide.
Ah Sin, sometimes known as Lam
Sin, a little Chinese woman, was COM
mitted from the witness stand to the
grand jury for perjury and her bail fix
ed at $4,000. Judge Gear did this of his
own motion when the witness had per-
sistently testified directly contrary to
testimony she had given before District
Magistrate Dickey. She swore In the
other court that she was kept In Jue
Guns houee for purposes OF prostltu-
ton. Now she swore positively, in re-
ply to both court and counsel. that her
services rendered to Jue Gun were
solely those of a domestic servant.
AS the hour was late, Judge Gear ac-
companied Bailiff w. S. Ellis, with the
woman In custody, to the police station
for the purpose of perfecting the COM
initial.
Pity must be felt for the little wom-
an by all who have any knowledge OF
the entire case, for there can be no
doubt that her conduct on the witness
stand was that of a mere slave There
are two Chinese factions at war over
the woman Jung Hing and her babies,
and nobody presumably can say which
of them has the less scruple as to
means for gaining it's ends. All Sin,
like Jung Hing, was taken away from
the vile clutches of Jue Gun by habeas
corpus proceedings.
Lii Cheung, the court interpreter,
concluding his evidence from Thurs
day said the price of women in China
had risen from the nominal figure of
$40 or $50 a few years ago to as high
as $500
There was more evidence, including
that of the aged nurse-with one of
the children pouched at her back and
the ether one in her arms-and that OF
Jung Hing herself, which showed, as in
the Federal court, the disreputable
kind OF a domcile Jue Gun kept at Pa
lama.
FORMER QUEEN WINNER.
Liliuokalani, defendant in an euui-
ty suit, obtained a decision by Judge
Gear in her favor yesterday. Ane
Hilo brought a proceeding for an IN
junction to restrain the former Queen,
who was the assignee of a mortgage
executed by the plaintiff and her hus-
band to +. NJ. Hatch. from foie-
closing the mortgage, and the plain
tiff also asked for an order that the
defendant surrender the mortgage for
cancellation and that she cancel 1t.
In her complaint the plaintiff repre-
sented that the conveyance to LII u
okalani was under an agreement that
she would procure a release of the
mortgage. The plaintiff believed tat
the mortgage was cancelled and dis
charged, but later was informed Il at
the mortgage was not discharged, and
that "Liliuokalani fraudulently, with
the intention to cheat and defraud
plaintiff, and without her knowledge,
procured an assignment to her of the
mortgage, whereas ii was the duty Of
said Liliuokalani to pay the amount Sc
cured by mortgage and procure can
collation. thereof" Plaintiff alleged that
she and her husband had made con-
NeydHSe ol certain olner lanuS TO lii
uokalani in consideration of an ag~,e-
meat that the said Liliuokalani would
procure a release of the mortgage.
Liliuokalani, in her answer. denied
that the conveyance of the land deed
ed to her was given and made un 1er
an agreement that she would procure
release of the mortgage, but alleged
that she paid the fun purchase price
for the land. She further denied that
she procured an assignment of the
mortgage to herself in fraud of the
plaintiff, and alleged that the mort
gage was valid lien on the property.
Upon the evidence in the case the
court believes that the plaintiffs case
Is not proved and that the defendant
Is entitled to judgment A decree would
therefore be entered in favor of the
defendant, dismissing the bill.