The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-03
INDICTMENT
is ATTACKED.
Motion to Quash
Both the Jewel
Cases.
Nonsuit Denied in Hagey
Cure Suit Before
Robinson.
Judge Gears New CIerk-Sick
Nan Wants Default
Opened.

When the plaintiff in the Hagey cure
contract suit had rested yesterday aft
ernoon, Mr. McClanahan for the de-
PENDANTS moved for a nonsuit and ar
gued, followed by A. G. M. Robertson
against the motion. Judge Robinson
denied the motion and now the defense
is on. T. NJ. Harrison, the plaintiff,
was on the stand yesterday afternoon.
He was exhaustively cross-examined
on the sheep run part of the complica-
tions.
THE JEWEL ROBBERY.
A motion to quash the indictments
against Ben Gallagher and Hugh
Rooney, for burglary and receiving
stolen goods respectively, was filed in
Judge Gears court yesterday. II was
taken under advisement.
NOTABLE LIQUOR CASE.
M. G.. Simoes was put on trial for sell
ing liquor without a license before
Judge Gear yesterday afternoon. Depu-
ty Attorney General E. c. Peters pros
ecutes, and j. NJ. Vivas and c. c. Bit
ting defend the case. The following
Jury was accepted: w. H. Hoogs, c.
Spencer, D. F. Thrum, ]. B. Pakele, L.
r. A Hart, w. M. Bush, W. A. Hall,
F. J. RoDelIo, J. II. Davis, l.. j. N.
Hipa, E. II. Paris and Geo. w. Haysel-
den. The trial is still on for this morn
ing. 1t was in this case that Judge
Gear rendered his decision finding that
fI,.z 10 of n a.
wall were still in force.
PROBATE MATTERS.
George E. Rugg was appointed adj
ministrator of the estate of Chester M.
Rugg, on petition of the widow, Mabel
E: Kelsey Rugg, by Judge De Bolt yes
terday The bond is $4,000. r. D. Mead
for petitioner.
Judge De Bolt granted the petition of
Margaret Lishman, executriX of the es-
tate of her late husband, Robert Lish-
man, for approval of accounts and dis
charge. Cecil Brown for petitioner.
FLAWS ARE FOUND.
John Albert Matthewman, master in
the matter of the estate of August
Kraft, deceased, has filed report In
which he finds all sorts of flaws IN
the administration. Nevertheless he
recommends, subject to the courts &C
ton in regard to the evidence adduced
before the commissioner, and excepting
attorneys fees in excess of SlOO, that
the final accounts of w. l.. Howard,
temporary administrator, and the par
tiaI accounts of W. L. Howard, admin
istrator with the will annexed, be al
lowed"
, Among other things the master OBJ
jects to the attorneys fee of 5000 as
more than warranted by the work done,
and finds that the partial distribution
made $4,000 was not in accordance with
| the facts elected by the commissioner,
one of the beneficiaries being omitted.
An unnecessarily long time, 1t is stat
| ed, has been consumed in settling the
estate. The mandate of the will to sell
| the real estate after six months ad-
vertising has not been obeyed. Several
| instances of .'carelessness in small mat
ters'' are noted, among them being
| these:
lone gold chain appears in the first
| inventory which is not accounted for
| later Five watch chains appear in ne
last inventory which were not men.ion-
ed in the other two.
Oates of expenditures do not always
correspond with the vouchers"
FERNANDEZ WAS ILL.
Vincent Fernandez by his attorney, c..
F. Peterson, has filed motion to re-
woke the order dismissing his appeal in
| C. c. Billings suit against him on a
note By affidavit he declares he nf,d
| retained J. NJ Kaneakua to represent
| him in court, but Kanaalua has been
| absent from Honolulu several weeks
| and deponent does not know where he
| ia. A message to another attorney was
not received by him in time 20 aDpear
i before dismissal Of appeal Deponen-
| has been seriously i'll in bed for several
| weeks He claims he has meritorious
| defense that the note was without con-
| sideration, that plaintiff Is not its bona
| fide holder and that deponent was in
| duced to sign the note through mis-
representation and fraud CT !laintiff.
| SIMS AS CLERK.
Judge Gear yesterday appointed VIII
liam R. Sims as his clerk in place of
F. H. Loucks, resigned.
COURT NOTES.
Man Chong has appealed from his
sentence to pay a fine of 800 and costs
and to be imprisoned three months at
hard labor by L. B. Nainoa, District
Magistrate of Koolauloa, for selling
liquor without a license.
The Mutual Telephone Co. has two
days more in which to plead, etc, to the
complaint of Sidney NJ. Ballou.
HOARsENESS IN A CHILD that is