The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-03
HAGEY CURE
PLAINTIFF RESTS
MOTION FOR NON-SUIT IS DENIED
AND DEFENSE BEGINS-SIMOES
ON TRIAL.

The case of the plaintiff in the Hagey
cure suit was closed yesterday after
noon. Attorney Mechanism made a
motion for a non-suit, which Judge
Robinson denied, and the defense was
begun. T. NJ. Harrison, the plaintiff,
was on the stand much of the afternoon
and was subjected to a lengthy cross
examination.
M. G. Simoes was put on trial before
Judge Gear for selling liquor without a
license Deputy Attorney General f. c..
Peters prosecutes, and ]. NJ. Vivas and
C. c. Biting defend the case. The
following jury was accepted: w. H.
Hoogs, C. Spencer, D. F. Thrum, ]. B.
Pakele, L. r. A. Hart, w. NJ. Busn,
W. A. Hall, F. j. Robello, ]. H. Davis,
L. j. NJ Hipa, E. II. Paris and George
w. Hayselden. The trial is still on.
George E. Rugg was appointed ad-
ministrator of the estate of Chester NJ.
Rugg on petition of the widow, Mabel
E. Kelsey Rugg, by Judge De Bolt yes
terday. The bond is $4,000.
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.
John Albert Matthewman, master in
the matter of the estate of August
Kraft deceased. has filed a report in
which he finds many flaws in the
administration. Nevertheless he re
commenGs, subject to the courts ac-
ton in regard to the evidence adduced
before the commissioner, and excepting
attorneys fees in excess of 500, that
the final accounts of w. L. Howard,
temporary administrator and the par
tial 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 ($2OOO) was not in accordance with
the facts elected by the commissioner,
one of the benefciaries being omitted.
An unnecessarily long time, it 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
tiers" are noted.
Vincent Fernandez by his attorney,
C. F. Peterson, has filed motion to
revoke the order Diminishing his appeal
in c. c. Billings suit against him on
note. BY affidavit he declares he had
retained ]. M. Kaneakua to represent
him in court, but Kaneakua has been
absent from Honolulu several weeks
and deponent does not know where he
is. A message to another attorney was
not received by him in time to appear
before dismissal of appeal. Deponent
has been seriously i'll in bed for several
weeks. He claims he has a 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 of plaintiff.
Judge Gear yesterday appointed Will
liam r. Sims as his clerk in place of
| F. H. Loucks, resigned.
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.