The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-11
Time TAKEN (
ON A POINT
Mrs. Parrnenter's
Dying Words
Offered.

trial before Judge Gear yesterday was
, consumed in legal battle over the ad-
| missibility of the dying statement OF
Mrs. Sarah Parmenter as evidence.
The point raised in objection by
Messrs. Robertson and Dunno for the
defense was that when Mrs. Parmenter
made the statement she was not in
imminent expectation of dying.
Doctors Miner and Walters, the at
tending physicians on Mrs. Parrnenter-
before death, also Miss Uphard, pro-
fessional nurse, were examined at great
length to decide the question as a point
of law, the jury being excused while
this evidence was being taken. The
defense conducted the examination i'm
chief, and Deputy Attorney General
Peters. with Attorney General Andrews
advising, the cross-eXamination.
Shortly before o'clock, the court
adjourned till 1880 for argument on the
question.
Prior to the break in the trial proper
just described, Mrs. Albert Lucas and
District Magistrate Dickey testified.
Mrs. Lucas, sister of the late Mrs.
Jones. gave evidence of threats made
by the defendant, E. NJ. JONES' some
time before the killing of her sister and
her mother. He had been prosecuted
for assault and battery upon them, and
referring to the case said, according
to the witness:
"If go to Jail for three years, when
I get out 1 will kill all three of you"
The jury came into court in the even,
ing. but at a little after o'clock were
excused for the night. Argument on
the admission of evidence proceeded
until late hour.
GARNISHEE JUDGMENTS.
Judge De Bolt signed judgment in w.
c. Parke VS.. John w. Cathcart, defend
ant, and The Bank of Hawaii, Ltd,
garnishee, of s5S2.1O for plaintiff, with
an order attached to charge the gar
nishee, on account of default in appear
ance, with the amount of the Judgment
as it's own proper debt.
In the suit of Allen G. Robinson, Ltd,
VS.. j. H. Fisher and Hoffman & Riley,
Judge Robinson signed an order to de-
fendant Fisher to pay plaintiff $92S.06.
as garnishee.
APPEALS DECIDED.
Judge Robinson gave judgment for
plaintiff in the suit of Allen & Rob-
inson, Ltd, against Tam Sau, Flu Lee
and Ah Tom, carrying interest, costs
and attorneys fees with the principal
amount of claim. 1t was suit for
$143.S1, balance on promissory note.
and District Magistrate Dickey gave
judgment for defendants, from which
plaintiff appealed.
Judge Robinson dismissed the ap-
peal of plaintiffs in the suit of replevin
for show case and safe, taken for
delinquent taxes, brought by Uyemura
and Yoshinaga against j. w. Pratt.
District Magistrate Dickey gave judg-
ment for defendant, from which plain
tiffs appealed.
DIVORCE GRANTED.
Judge Robinson granted a divorce to-
Makalehua Roberts Judd against
Charles Hastings Judd, for neglect to.
provide suitable maintenance and for
desertion. The custody of three chill
dren was awarded to the mother. The
libellee was ordered to pay the libel
liant $50 a month alimony till further
orders and counseIs fee of $50 within
six months.
DAMAGE SUIT CONTINUED.
]. c. Axtells damage suit against H.
E. Hendrick for malicious prosecution,
in which a new trial was ordered by
Judge Robinson on account of excessive
damages (s50O0 found by the jury, was.
yesterday continued for the term by
consent before Judge De Bolt.
NEW TRIAL CLOSES.
Henry Smiths suit against Hamakua.
Mill Co., on new trial. went to the jury
before Judge De Bolt at 4:30 yester-'
day afternoon. There Is family tree
in the case and in the trial there was
agreement as to most of the facts
Plaintiff contended for one-fourth in
terest in certain lands of which defend
ant claims the title by purchase.
The jury returned at a little after .
p. IN. with a verdict for the plaintiff
according to his claim.
COURT NOTES.
Hyman Bros. have filed an excep-
tion to the ruling of Judge De Bolt dis
charging the garnishee, w. A. Whiting,
in their suit against Sing Warn.
Constant Sterling VS.. f. NJ. S%anzy
and F. II. Redward, lien claim, was
continued for the term by Judge De
Bolt.
Koloa Wine Co. VS.. II. A. Jaeger and
McBryde Sugar Co., Ltd, garnishee,
has been discontinued.