The Hawaiian gazette., 1903-09-18

FIRE CASE
Jury Given
Recess Until
Wednesday,.

y jury was obtained yesterday morn
ing for the trial of Kwong Lee Yucu
K Co, VS.. Manchester Fire Insurance
co. 1t Is claim on an insurance .oll-
cy for property destroyed in the China
town fire of January 90 1900. Paymans
is resisted ON the ground that the prop
crty having been destroyed by the ara
of the authorities the insurers are mol
| liable under the so-callcd New NorS,
clause" In opposition to this conteU-
ton the plaintiff maintains that tn.
fire of January 20 got beyond control
of the authorities and burned much
property that had not been condemn
ed. Evidence on both sides was taken
yesterday and the plaintiff win put Oh
rtbuttal this morning.
GRAND JURY RECESS.
Judge Gear yesterday morning eS-
cuscd the grand jury until Wednesday
morning next. There were some alb
sentecs from the panel and the WORK
was dragging, ANA grand jurors living
in the country We're avcrse to being
kept in town doing nothing.
The constitutional question relative
to the necessity of grand jury indict-
ments for all ofIcnses punished by i'm
prisonment in the Territorial ceniten-
tiary will be argued before Judge Gear
today.
JUDGMENT WITHOUT JURY.
In the ejectment case of KapiolanI
Estate, Ltd, VS.. w. Il. Castle ct at
it was stipulated In open court TO try
the cause without jury. l.. b. No
Clanahan appeared for plaintiff. and n,
l.. wilmington for defendant, judge
Robinson gave judgment for plaintiff
plant. Default was entered as to de-
PENDANTS +. l.. Weaver and William
Hoogs. The land in question is stu
atcd at the north corner of South
street aud Kawaiahao lane, contains
255 fathoms square and its title iE
fee simple by purchase was claimed 10y
plaintiff.
ORDERS.
Judge De Bolt signed a decree post
poning the commissioners sale of real
estate in the suit of w. f. Allen Us.
S Is. Kane until noon of September
&c, owing to the 18th being public
holiday. Notice was ordered given in
the Advertiser.
\ writ of attachment was issued by
Judge DE Bolt in the suit of Frances
c. Brewster VS.. James w. w. Brewster
to attach all of the defendants goods
monies, property and effects. This WAS
done on a showing that defendant in
tended to leave the Territory.
Judge DE Bolt ordered publication OF
in the divorce suit of KATE
vs. Henry Hottendorf. C.
+. Peterson appeared for libellant
COMPROMISE.
In the matter of the estate of Henry
Cungdon, deceased, Charles Phillips,
petitions for leave I'm
a suit against the estate
and George ID. Freeth brought by Geo.
Lycurgus for $4,000 and costs on prom
issory notes, the plaintiff having of
fercd to accept $500 in full settlement
and the petitioner agreeing to SUCH
payment with the approval of the
court.
COUNSEL NAMED.
Mrs l.. Hunt has appointed Long 81
Long and Leon NJ. Straus as her at
torneys in the suit of James II. Cum
mings VS.. LOUISIANA Noble GIunO.
To Visit All the Capitals.
Jean A. Crone, newspaper man Of
Augusta, Me-, who is to visit eVerT
state capital in the United States, COW
aring a distance of over u, 900 miles in
side of three years and six months, h.
nearing Lansing, Mich, having already
covered 2,19i miles since April !. IlH
says he is making the journey on :.
wager of $4,000 and is walking the en-