The Hawaiian gazette., 1903-09-29
JUDGMENT 7
IS SETTLED
In Militant Street
Widening
Case.

Satisfaction of decision and Judgment
in the matter of the extension of Mill
lani street with relation to the appeal
of the trustees of the b. P. Bishoo
Estate, was filed by Attorney General
Andrews yesterday. The judgment of
the commissioners assessed a total in
three cases of s3933 against the Bishop
Estate for betterments. The consldera-
tion of compromise consists of one dol
lar and AN exchange of land which the
Government acknowledges from the
Bishop Estate trustees.
INJUSTICE PREVENTED.
No sooner were seven Koolau fisher
men arraigned under Indictment for
malicious injury yesterday morning
than Attorney General Andrews ask
ed that nolle prosequi be entered
for all of them. He stated that ha
would have advised the grand jury
against bringing in a true bill had he
known the facts sooner and been
aware that an indictment was being
considered. According to his informa-
tangling together of the fishing nets of
defendants and those of the prosecuting
witnesses while the nets were being
hauled ashore.
Judge Gear, in granting the request,
remarked that mistake had evidently
been made by the Attorney Generals
department in allowing the Indictment.
John Ah Sing, David All Sing Moke
Kaanaana, Kalihi, Kaiualiilii, David
Pake and Kaulahea were the defend
ants thus sent away rejoicing. The
prosecuting witnesses were Thomas w.
and James Watson.
MAGGIE PLACE TESTIFIES.
The Chiffon trial was resumed before
Judge Gear and, at p. m, continued
until Monday morning. Maggie Place,
the child alleged to have been harbored
by defendant after having been stolen
by her son Harry, was giving evidence
when the court adjourned. There was
nothing new elected beyond what was
published at the trials of former cases
about the same subject. Objections
and exceptions fell upon the record all
day almost as thickly as questions and
answers.
QUESTION OF HEIRSHIP.
The Godrey-Rowland ejectment trial
occupied Judge De Bolt throughout the
day. DR.. Wood gave expert evidence
upon a material point. Rev. Mr.. Fitz,
custodian of the register Of births and
marriages of st. Andrews Cathedral,
was called but the record he offered of
the baptism of Thomas Metcalf, one
of the plaintiffs, was refused by the
court. The evidence Of f. j. Testa, who
stood as godfather for four Metcalf
in 1881, was also ruled out be
cause witness admitted that he could
not fix the date and had refreshed his
from the register This testi-
mony was offered to rebut that of
women who testified of the death of Il
child, a year or two before the alleged
baptism of the young man in court,
who, had he lived would have been the
heir that this young man claimed to
be. Mr.. Testa confessed, to the amusa-
ment of bench, bar and jury, that he
had been remiss in looking after his.
like too many church,
men"
COMMISSIONS.
Defendants in the suit of s. NJ. Da-
mon, II. l.. Waity and S. e. Damon,
copartners under the name and style
of Bishop e Co., VS.. II. w. Schmidt, f.
II. Paris and w. r. Castle, Jr., move
for a commission TO take the testimony
of defendant Castle in Boston, Mass.
In the assumpsit suit of Scott & Mag
ner VS.. w. C. Achi & Co., Judge De
Bolt has issued a commission to A. A.
Sanderson of San Francisco for taking
the testimony of Joseph Magner.
MOTIONS.
Lucy Peabody by her attorneys,
Frank Andrade AMI ]. j. Dunno, moves
to amend the complaint in her action to
quiet title against Emily p. Judd, Julia
Swanzy, f. NJ. Swanzy and Helen Far
ley.
Defendants motion for a new trial of
the ejectment case of Kapiolani Estate,
Ltd. VS.. l.. a. Thurston was continued
by Judge Robinson until Saturday,
October 8.
HEIRS MAKE ELECTION.
In the matter of the estate of August
Kraft, deceased, the legatees by their
attorney in fact, Hawaiian Trust Co,
Ltd, elect to take the real property,
which the will directs to be sold in lieu
of the proceeds of sale thereof. Their
names are Fritze Pardon, Ernest Par
don, Herman Kraft, Ferdinand Kraft,
Otilie Hoerle and Emily Schultheis.
EXCEPTIONS ALLOWED.
Judge Robinson has allowed defend
ants bill of exceptions, in the case of
+. II. Redward VS.. j. o. Lutted. to
Judgment for plaintiff in the total sum
of s33273 rendered on November 26,
1902.