The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-04

MULcTED
In Five Thousand
Dollars for
AxteII.
important Public Cases
to Come Before the
Supreme Court.
Attorneys for Jones Want to
Inspect Grand Jury
Records.

five thousand dollars against H. E.
Hendrick for malicious prosecution, by
the verdict of jury before Judge Rob
inson yesterday morning.
The 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,
Hendrick had warrant issued for the
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 mo-
tice of motion for a new trial. c. c.
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 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.
J. Dunno yesterday filed the following
| motion:
Now 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 a 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 consenting that the prayer of
| petitioners be granted.
| L. r. 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. H. Pain, agent of Lanai ranch,
| has filed a batch of accounts in the
suit of Frederick H. Hayselden VS.. VIM.
| H. Pain ct al. His cash account from
| August IA, 1900, to September 10, 1902,
| shows a balance to the good of S9451.97.
| The trial balance sheet gives the net
revenue as 81, 969.29.
SUPREME COURT CALENDAR.
There are forty-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 J. Lyman ct al. VS.. Frank L.
| Winter ct al. Exceptions from Circuit
1 C'iro11it
Territory of Hawaii VS.. Wong Tim.
Exceptions from Circuit Court, Fourth
| Circuit.
| w. c. Achi VS.. Kapiolani Estate, Ltd.
Original. Submission.
| Geo. Mundon VS.. S. K. Kaeo. Appeal
/ from Circuit Court of Lihue.
4 Kapiolani Estate, Ltd. VS.. J. Coerper.
Appeal from District Court, North Ko-
ma.
]. 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. Dickey 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
mission.
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 Brash.
Kemilia Holt VS.. Kaaukai. Error to
Circuit Court, Fourth Circuit.
H. w. Flint vs.. Nina L Flint. Ex-
ceptions from Circuit Court, First Cir
cult.