The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-27
TWO DECISIONS
OF SUPREME COURT
FITCH LOSES HIS BECKY PANEE
FEE AND FLINT is DENIED
DIVORCE.

The Supreme Court on Wednesday
handed down "A decision which finally
shuts Thomas Fitch out of his expect
ed fee of 81. 259 In the matter Of his petit
ton to set rid of Becky Panee's guar
Gianship trust. Fitch was awarded the
fee In the lower court, but Magoon, the
guardian, did not pay Il. Becky was
represented by Il. NJ. Watson, as next
friend" while w. S. Fleming appeared
for Fitch. The court. I'm an opinion by
Justice Galbraith, is unanimous IN
holding that the writ Of error asked for
was defective. There never was any
such suit brought as that described IN
the petition for error, says the court,
and Watson's motion to dismiss the
writ is granted.
In the case Of II. w. Flint VS. Nina
l. Flint, an action for divorce on the
ground of cruelty, the decision of Judge
Robinson refusing a divorce, is sustain
ed. The plaintiff appealed on the ground
that the circuit judges decision was
contrary to the evidence and on the
further ground that the court erred an
sustaining general objections to eVt-
dence, on the ground that such evidence
was incompetent irrelevant and tmma-
terial. The decision, by Justice CAL
braith, has the following on these two
points:
THE libellant does not contend that
the charge of cruelty was sustained
but does insist that the charge of hav-
bitual intemperance was established by
the evidence.
No useful purpose would be served
I by setting out the evidence in detail
1t is sufficient to state on this branch
of the case that the evidence intro
duced on behalf of the libellant tended
to prove the charge and If it had
not been contradicted possibly would
have been sufficient 10 sustain it, and
that there was testimony produced by
the libellee that tended to show that
the charge was false. Under our
statute a decision in a divorce case is
like the verdict of a jury in that it
cannot be set aside or reversed if
there is sufficient evidence to support
it. Bartlett VS.. Bartlett, 13 Haw. 7O7,
713.
THE court has the power to exclude
incompetent evidence of it's own mo-
| ton without objection Il Jones, Evil
dence, Sec. 1863; id. Sec. 1861; and as
a matter of course can exclude it when
objection is made although the form
+ OF the objection may be general.
There is another reason why these
exceptions cannot be sustained. The
law is well settled in this jurisdiction
that the manner of the introduction of
testimony and the latitude to be allow
ed counsel particularly on the cross.
examination of witnesses is largely
vested in the discretion of the trial
court and that this discretion will not
be reviewed by the appellate court eX-
cept in clear cases of abuse Booth W..
Beckley, II Haw. 521; Merricourt VS..
ms. Company, 10 Haw. 221. The record
in this case not only fails to show any
abuse of discretion but proves that the
trial court allowed to counsel reason
able latitude in the cross-eXamination
The exceptions are overruled"
William Pfotenhauer, NJ. r. Simon
ton and S. H. Derby, appraisers of the
estate of Henry Friedrich Glade. de-
ceased, in the Territory, have returned
the valuation as $3.50, 800. This is sworn
to as correct by ]. F. Hackfeld, sole
surviving executor of the will. before
Hunyn Tieduick, U. S. consul at Bre-
men, Germany, on November g. 1903.
There are 1858 shares of Pioneer Mill
Co. appraised at the par value of 500
share, and 500 shares preferred of H
Hackfeld & Co. at $3.50 a share, or $50
above par.
Judge De Bolt having denied a mo-
ton for continuance, w. c.. Achi for
defendant withdrew the appeal in Goo
Wan Hoy VS.. Samuel Kaai from judg-
ment for plaintiff. E. NJ. Watson APP
peared for plaintiff.
Judge De Bolt ordered amendment Of
complaint and summons in the suit of
Castle & Lansdale against the execu-
tors of the estate of S. c. Allen, max
ing Bathsheba NJ. Allen, executrix, a
party defendant.
Kinney, McClanahan q Cooper for
defendants have filed motion to quash
writ of error in the action to quiet title
of Lucy X. Peabody VS.. Trustees under
the will of b. p. Bishop. Among the
grounds are that execution on the JUDI
ment has been satisfied and that it does
not appear that the writ was issued
within the time required by law.
Judgment form has been filed for $40
according to the verdict, with plain
tiff's bill of cost of $14, in the SANDER
suit of Nj. X. Nakuina VS.. Thomas G..
Thrum. No appeal will be taken.
A discontinuance was filed in Judge
Dole's court and dismissal ordered of
the admiralty salvage suit of John d.
Spreckels & Bros Co. against the Brit
ish steamer Clavering. This case was
| compromised in San Francisco.
Joseph G. Pratt was admitted to
practice law in the Federal courts OF
this district, on motion of District At
torney r. w. Breckons.
Judge De Bolt granted a non-suit on
| Wednesday afternoon in the case Of
Jose Furtado VS.. w. c. a ehi and wife,
and in the case of Levers & Cooke VS..
Hing Zip & Company a verdict was
directed for plaintiff for $1396.54.
4
UNAWARE OF HONOIJTTIT CRITISE