The Hawaiian gazette., 1903-10-06
.HENDR|CK
MULCTED
In Five Thousand
Dollars for
AxteIl.

five thousand dollars against IL. ~
Hendrck for malicious prosecution, by
the verdict of jury before Judge Rob
inson yesterday morning.
re defendant is proprietor of the
Hawaiian Iron Fence and Monumental
Co. The plaintiff was an agent of the
concern. On the 18th of April. 1902
arrest of Axtell, on a charge of embez-
zling $500, and Axtell was arrested and
compelled to give $1,000 bail for his re-
lease. He was tried by the late Dis
trict Magistrate W. l.. Wilcox on April
Is and acquitted.
Axtell brought the suit for damages
against Hendrick six days later, claim
ing ten thousand dollars. The jury al
lows half that amount. p. NJ. Pond
was foreman of the jury, which found
the verdict after an absence of three
| quarters of an hour.
Thomas Fitch for defendant gave no.
tice of motion for a new trial. C. G..
| Biting appeared for plaintiff.
BOTH SIDES APPEAL
Judge De Bolt yesterday heard and
denied the motion of defendants to
amend the verict, which was for them
selves, in the ejectment case of Frank
Godfrey, trustee, and Thomas Metcalf
VS.. Helen Rowland and others. Mr..
Derby for defendants noted an excep
ton to the decision, while Mr.. Wilder
for the plaintiffs noted an exception to
the courts ruling that the surplusage
in the verdict was immaterial.
Plaintiffs filed a motion for new
trial. which will be presented tomorrow
morning.
TO INSPECT SECRET RECORD.
Edward Mitchell Jones, charged
with murder in the first degree, by his
attorneys, Robertson & Wilder and j.
]. Dunno, yesterday filed the following
motion:
Nov comes the said Edward
Mitchell Jones, defendant herein, and
moves the court here to direct the At
torney-General to allow his (said de-
fendants) attorneys to inspect the
minutes of the proceedings of the
grand jury had with reference to the
above entitled cause and in connection
with the charge against this defendant
and for which he has been indicted
herein, and to direct said Attorney
General to furnish his said attorneys
with copy of such proceedings"
ANSWERS.
In the partition suit of r. Kaleioka-
moku Anahu and three other Anahus
against James Anahu and seven other
Anahus, James Anahu for himself an
swers, admitting the allegations in the
bill and consentng that the prayer of
petitioners be granted.
l.. X. Medeiros and j. p. Rodrigues
by their attorneys, Henry Hogan and
Holmes & Stanley, answer with COM
plete denial the assumpsit complaint of
Allen w. T. Bottomley, trustee.
LANAI RANCH ACCOUNTS.
w. II. Pain, agent of Lanai ranch,
has filed a batch of accounts in the
suit of Frederick H. Hayselden VS.. Wm
H. Pain ct al. His cash account from
August IA, 1900, to September 49, 1902,
shows balance to the good of s9451.97.
The trial balance sheet gives the net
revenue as $11969.29.
SUPREME COURT CALENDAR.
lHtTe are lOTly-tWO cases on the
calendar for the opening session of the
October term of the Supreme Court be-
ginning tomorrow. Their, titles and ma
ture are as follows. while half a dozen |
more are likely to be moved on the
calendar:
Henry ]. Lyman ct al. VS.. Frank L.
Winter ct al. Exceptions from Circuit
Court, Fourth Circuit.
of
Exceptions from Circuit Court, Fourth |
Circuit.
w. C. Achi VS.. Kapiolani Estate, Ltd. |
Original. Submission.
Geo. Mundon VS.. S. X Kaeo. Appeal |
from Circuit Court of Lihue.
Kapiolani Estate, Ltd. VS.. ]. Coerper.
Appeal from District Court, North Ko-
ma.
j. A. Magoon, Guardian, vs. Thomas
Fitch. Error to Circuit Judge, First
Circuit.
Guardianship of Rebecca p Humeku.
Appeal from Second Judge, First Cir
cult.
Lyle A. Dckey VS.. Honolulu Rapid
Transit & Land Co. Exceptions from
Circuit Court, First Circuit.
r. w. McChesney ct al, VS.. Kona
Sugar Co., Ltd, ct al. Appeal from
Circuit Judge, Third Circuit.
Oahu Railway & Land Co. VS.. Eva
Plantation Co. ct al. Original. Sub
Tai Lau VS.. Pilipo Comrades. APP
peal from Circuit Judge. Fifth Circuit.
c. NJ. Cooke, Ltd. VS.. Treasurer of
the Territory. Construction re Stamp
Act.
In re Guardianship OF Susan Brasil
Kemilia Holt VS.. Kaaukai. Error to
Circuit Court, Fourth Circuit.
II. w. Flint VS.. Nina l. Flint. Ex-
,eptions from Circuit Court. First Cir
,uit.
II. X. Lalakea VS.. Hilo Sugar Co.
Exceptions from Circuit Court. Fourth
Circuit.
S. Ahmi VS.. Annie Waller ct al. Err
or to Circuit Court, First Circuit.
IAN Ban VS.. Tsen Vim ct al. Appeal