The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-22

DEFERRED
Judge Gear Takes
Two More Days
Over II.

Judge Gear yesterday morning de-
ferred his decision on the constitu-
tional question relative to infamous
crimes until Wednesday morning.
The only indictment case in when
tt. prosecution was ready, or Wouia
be in the afternoon, was the ChiItoh
one OF harboring stolen chlld, Out
Mr.. Cathcart for the defense request
ed a continuance till Wednesday, when
WIS granted.
Kan Chez, All Shock and All Lun
for gambling were called and stood
forth. Deputy Attorney General re-
tiers stated that the witnesses for the
prosecution could not be produced,
therefore he could only ask for nolle
prosequi. Judge Gear, in granting
the motion and Diminishing the defend
ants, remarked that it was strange
how six witnesses had been permitted
to disappear.
VERDICT BY DEFAULT.
The Jury in the case of Allen & Rob-
inson VS.. c. Klemme, before Judge
Robinson, found verdict for plaintiff
in the sum of $531. 1t was verdict
by default, no answer or pleading nav
ing been filed by defendant. The
jury who had it so easy were James
Il. Fullerton, Frank Godfrey, w. w.
Goodale, c. S. Holloway, East Kahulu-
ALI, Geo. w. Macy, Louis II. Miranda,
Richard n. Mossman, Percy NJ. Pond,
William Ringer, VIM. 7. Schmidt and
Charles Warren.
Judge Robinson has excused his jury
at N m
count of the case set for today being
settled and the equity case of C. Bolte
ct al VS.. C. II. Bellina ct al. being set
for Thursday.
BEFORE DE BOLT.
The fourth annual account of David
Dayton, guardian of Annie II. *. Dow
sett a minor. was approved by Judge
De Bolt There is balance of $436.93
due the guardian, owing to deficiency
of income from the Jas. /. Dowsett
Estate, Ltd.
Judge De Bolts trial jury will ap-
pear in court at $3.50 this morning.
The first case will be that of Frank
Godfrey, trustee, ct al. VS.. Helen Row
land, ct al, to be succeeded by the
following in their order: j. o. Carter,
let al. trustees, VS.. Lula wv; Carlos A.
Long VS.. f. C. Macfarlane, ct al; John
F. Colburn VS.. C. S. Desky; w. f.
Lowre VS.. Kalau Kaikainahaole; Ka-
piolani Estate. Ltd, VS., Manuel Go
mez; and Solomon Kahawaii VS.. D.
kukea, ct al.
ORDERS.
Judge De Bolt has made an order
ha OF r.
gage of John NJ. Dowsett, trustee. VS..
Grace A. Brown be taken as confessed
by the defendant, no answer or other
pleading to the complaint having been
filed.
Judge Robinson has made an order
that Charles Phillips, administrator of
the estate of Henry Congdon deceas-
ed, be granted leave to compromise
the claim of George Lycurgus for
$4,000 against the estate upon payment
of $500
PLEADINGS
An amended declaration has been
filed in the ejectment case of Emma
Claudina Spreckels Watson VS., Claus
Spreckels, wherein plaintiff claims res
titution of Honolulu property decided
to her by defendant on July IA, 1898,
together with damages of 100000 for
its detention.
In the case of Chang Kim VS.. Chung
Hook Chong ct al, defendants form
ing the partnership of Wong You Kee
Co, confess the truth of the allega-
tions and consent to a judgment in
accordance with the facts. Defendant
Fred Hayrison is given ten days from
September %, in which to answer the
complaint.
The foreclosure suit of Kapiolani Es-
tate, Ltd, VS.. Jesse p. Makainai, has
been discontinued.
Defendants bill IF exceptions has
been filed in the damage suit of Rob-
ert NJ. Fuller VS.. Honolulu Rapid Tran
sit & Land Co.