The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-02-27
WRIGHT IS
ON TRIAL
Impartial Jury Is
Hard to
Get.
tFrom Wednesdays Daily.)

The trial OF d. II. Wright on a charge
OF endorsement was commenced be-
fore Judge De Bolt yesterday. The
jury had not been secured at the hour
Of court adjournment last evening, and
there are three more challenges to be
exhausted. Two special venires were
issued yesterday in an effort to get a
jury. but at the hour of adjournment
but eleven men had been secured who
were satisfactory. Three OF these are
subject to peremptory challenges by
the defendant, but there will be no
difficulty in securing the remaining
number required.
James II. Boyd is one of the wit
nesses summoned for the prosecution
to appear against the former chief
clerk.
Altogether over fifty Jurors were ex-
amined. the majority Of them being
excused as having formed an opinion
through reading newspaper accounts.
j. ]. Dunno and F. M. Brooks appear
for the defendant. and ]. w. Cathcart
and E. c. Peters for the Territory.
THE SUPREME COURT.
The Supreme Court heard four cases
yesterday and gave decisions in two
OF them yesterday The tax appeals
Of Mrs. b. M. Allen and S. C. Allen
were heard. and the lower court sus-
tained. The case Of the Hawaiian
Trust Company vs. Annie X. Barton
was argued and submitted, as was also
the tax appeal of H. May & Co.
The Supreme Court also rendered
decision affirming Judge Robinson in
the case of J. d. Paris VS.. ]. A. Ma
COON, administrator. The court holds
that there could be separate suit for
damages, and the syllabus Is as fol-
lows
"A decree dismissing bill for the
specific performance of a contract is
not a bar to subsequent action for
damages for a breach of the contract,
when 1t appears that the question of
damages was not raised in the former
suit and that the decree was not based
on any ground that showed there was
no right OF action under the contract
An administrator may be liable in
damages for breach of contract &C.
curing before the death Of his dece-
dent, even though the contract is of a
nature personal to such decedent."
CRAWFORD IN TROUBLE.
Willie Crawford was before Judge
Robinson yesterday to show cause why
he should not be punished for con-
tempt. He had not paid alimony to
his wife, and it was shown that he had
collected $12. Willie sad he was willing
to pay the $12. but Mr. Vivas had told
him he would have to pay $50, which
he did not have. Crawford Is given
until tomorrow morning to pay the
alimony to his wife, or to accept the
alternative OF going to Jail for con-
tempt.
BEFORE GEAR.
c. II. Brown was appointed admin
istrator of the Camarinos estate and
his sale Of the property of the deceased
was approved.
The will Of the late Bishop Gulstan
f. Ropert was admitted to probate and
Clement Everard appointed executor
without bond.
CRIMINAL CASES.
All the prisoners indicted by the
grand jury on Saturday were arraigned
yesterday morning. entered pleas of
not guilty. and were given counsel to |
defend.
Hamakaloha was yesterday morning |
sentenced to prison for a term of three |
months by Judge De Bolt. He was |
found guilty of larceny last week. but
sentence was postponed until his mem
tai condition could be investigated.
The medical commission reported that
he was sane, and sentence was imposed
yesterday.
DAVIS TIRED OF LOVE.
George Davis asked that he be dis
charged as trustee for James Love.
who was adjudged not a spendthrift
by Judge Gear The trustee says he col
lected H,75s.75 and gave to Love sl,773.
including his own commission of per
cent. He also paid out to j. f. Brown
$500 for services in clearing up Loves
title TO land I'm which the government
had claim. which sum he obtained
from Y. Amin. being a part of the prin-
cipal owing to Love.
The trustee says that Love liz an old
man and IL under 1.-THE absolute control
OF Annie ]. Rowe. with whom he finds
u impossible to do business" and his
continuance as trustee is a source of
great annoyance and worry.
COURT NOTES.
g. Bolte has asked for an order dis.
missing the suit OF l.. Ahlo W.. c. Bolte
ana kaneohe Ranch Company with
prejudice, the plaintiffs having filed a
G.. Bolte makes am.
iayit that David Rice came 10 Homo
ulu from Boston Mass. as a witness. I
ma the defendants want the casa dis.
posed o.
The divorce libel ~ on Ian W.. Fook {
sing has been discontinued. !
An iuJunpti0u suit was has,,,, 49,.
lay BY J, A. Magoon, as trustee Tor
N Wiley 81 al, against q. Lai
Dung ana Fomaikai A temporary
nJunelion was granted,
motion 20 amend the bin In the
As' ~ lhH " brown minors "a q. A
irosn, ~ al, has been made. 40 con. Z