The Hawaiian gazette., 1903-06-26
HEARINGS
ARE ENDED
Report on Sumner
Attorneys This
Morning.
(From Wednesdays Daily.)


Attorney General Andrews will pre-
sent his report on the conduct of at
torneys In the Sumner case to the SUI
preme Court this morning. He had
it in his pocket yesterday. but without
opportunity of presenting 1t. The
court was engaged until o'clock In
the hearing of the Motley will case,
which was at that time submitted by
both sides. This concludes hearings
for the present session.
DAMAGES FOR INJURY.
Robert NJ. Fuller has been awarded
$2250 and costs against the Honolulu
Rapid Transit & Land Co., for inju-
ries received in a collision between an
electric car of defendant and a horse
car of the Hawaiian Tramways Co.
The mshap occurred at Hotel and Nu-
uanu streets on February %. 1902. BY
agreement the case was tried without
a jury by Judge Robinson. The suit
was brought for $4,000 damages.
ANOTHER DAMAGE SUIT.
Mary A. Rhodes has filed a demand
for process in her suit for $1,000 dam
ages against the Honolulu Rapid Tran
sit & Land Co. She asks that defend
ant be cited to appear before jury at
the September term. The ground of
action is the ejectment of complain
ant from a car on a rainy day, after
being refused a transfer from the Pu-
nahou line at Palama junction to trav-
ell in an opposite direction from that
of the initial trip. Not having a nickel
she asked the conductor of the second
60, 4, t, 10 90
where she expected her husband, Chas.
L. Rhodes, to meet her, but the con-
ductor denied the request.
WRONG REMEDY SOUGHT.
The action in ejectment of Eleanor
X. Prendergast. plaintiff. VS.. Peter
Martin, defendant. for property a IA
umakapili. has been decided in favor
of the defendant by Judge Robinson.
who tried the case without a jury.
There was a mortgage in question and
usurious interest was pleaded by plain
tiff, also there was a tender of con-
sideration for release of mortgage. In
concluding his decision, the court says:
THAT the plaintiff has mistaken her
remedy is her misfortune. and 1t Is not
the duty of this court to point out the
appropriate remedy and of it's own
motion dismiss the action without pref
udice, in order that the plaintiff may
avail herself of any possible suggestion
by the court"
OTHER DECISIONS.
Judge Gear has filed written decl-
sion overruling the demurrer in Law
renee II. Dee VS.. w. H. Smith, bill to
remove cloud from title, and giving de-
IL, xlh lob, fn
the complaint.
Judge Robinson denied the motion to
vacate the order for receivership in
the Silva divorce case and appointed
Will E. Fisher as receiver under $1,000
bond, in place OF Henry Waterhouse
Trust Co. The receiver filed his bond
with r. w. Davis as surety.
PROBATE MATTERS.
James A. Thompson has filed a mas
ter's report on the accounts OF John
Cassidy, guardian of Margaret A. Ro-
bertson, covering 81 months. Receipts
were $3646.41 and expenditures $685.
81, Of which 500 was for McBryde
bond. The inventory shows q value of
$7O75. of which $4,000 represents a home
stead in Kukui street. Some slight err
rors are found and on inquiry is raised
about the taxes being almost double
in 1902 what they were in 1901. No
is charged by the guardl-
an.
Abraham Fernandez, executor Of the
will of Maria Sullivan, has filed an
and final account. 1t shows
the estate indebted to him in the sum
of $164.20, his receipts having been
s1225 and payments $13S9.20.
George A. Davis has filed his bond
In $4,000. with A. M. Brown and Fred
erick Harrison sureties as guardian of
the property of Muriel Campbell and
Mary Beatrice Campbell, minors.
DIVORCE.
Julio Teixeira makes a general de-
NAL to the libel in divorce Of Mary s.