The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-22
DECISION
DEFERRED
Judge Gear Takes
Two More Days
Over It.
Three Defendants Let
Go for Want of
Witnesses.
Judge De Bolt Resumes Civil Jury
Trials-Judgs Robinson Ex-
cuses Jury Five Days.

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 which
the prosecution was ready. or would
be in the afternoon, was the Chiffon
one of harboring stolen child. but
Mr.. Cathcart for the defense request
ed a continuance till Wednesday, which
was granted
Kan Chez, All Shock and All Lun
for gambling were called and stood
forth. Deputy Attorney General Pc
ters 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 dismissing 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 a verdict
by default, no answer or pleading hay
ing been filed by defendant. The
jury who had it so easy were James
E. Fullerton, Frank Godfrey, W. w.
Goodale, c. S. Holloway, East Kahulu-
ALI, Geo. w. Macy, Louis H. Miranda,
Richard N. Mossman, Percy NJ. Pond,
William Ringer, VIM. T. Schmidt and
Charles Warren.
Judge Robinson has excused his jury
until next Monday at 2 p. M, on ac-
count of the case set for today being
settled and the equity case of C. Bolte
ct al. VS.. C. H. Bellina ct al. being set
for Thursday.
BEFORE DE BOLT.
The fourth annual account of David
Dayton, guardian of Annie H. K. Dow
sett, minor, was approved by Judge
De Bolt. There is a balance of S436.93
due the guardian, owing to deficiency
of income from the Jas. I. 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, eft al. VS.. Helen Row
land, ct al, to be succeeded by the
following in their order: J. o. Carter,
eft al. trustees, VS.. Lula (w); Carlos A.
Long VS.. E. C. Macfarlane, ct al; John
F. Colburn VS.. c. S. Desky; w. f.
Lowrie VS.. Kalau Kaikainahaole; Ka-
piolani Estate, Ltd, VS.. Manuel Co
mez; and Solomon Kahawaii VS. D.
Kukea, ct al.
ORDERS.
Judge De Bolt has made an order
|
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, 1893,
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-
tons and consent to a judgment in
accordance with the facts. Defendant
Fred Harrison 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.