The Hawaiian gazette., 1904-12-23
PROPERTY IN
SEPARATION
Husband and Wife
Try to Settle
Affairs.

An attempt to procure a final divi-
sion of property between A. f. Franco
| and his wife, Justina A. Franco, occu-
pied nearly all day before Judge
Robinson yesterday. The property is
valued at about s1S,5OO. At the suit
of the wife decree of separation was
granted in December, 1898, with alimo-
ny of $40 a month against the husband
He paid the monthly allowance to his
wife until about June last, since when
he has been paying only SIG a month.
BY his attorney, ]. ]. Dunno, the
respondent lately applied to the court
for a modification OF the decree. Yes
terday in court Mr.. Dunno made a
proposition that the woman divide the
property and the man choose his por-
ton thereof, or the man make the div
ision and the woman choose.
A. G. NJ. Robertson. attorney for the
plaintiff. declined the proposition. He
had made n proposition himself over
a month ago, which had not been ac-
cepted
There was no settlement in sight at
p. m. and the hearing went over un-
til 2 y. m. today.
SECRET FILE REVELATION.
William Ayau and YIN Chan were
arraigned before Judge Robinson yes
terday on indictment for conspiracy in
the first degree. Both pleaded not
guilty, Ayau being represented by ].
]. Dunno and Vim Chan by ]. Light
foot.
a strange fact about this case IL
that the indictment has been secluded
on the secret file since June 20 last,
or at the term previous to the present.
ly closing one. The accused have
been out on bonds. Had they been in
Jail awaiting trial, no doubt long ere
this some enterprising lawyer would
have scented habeas corpus case.
The conspiracy alleged is in connec-
ton with the conversion of goods be-
longing to the Pacific Hardware Co.
DIVORCE ALIMONY ORDERED.
In the divorce suit of Nellie Rod
rigues, the parties both appeared be-
fore Judge De Bolt yesterday for a
hearing of the matter of temporary
alimony. Geo. A. Davis was counsel
for the libellant, and A. S. Humphreys
for the libellee. Jurisdiction was ques-
toned by the latter, the court over
ruling the objection
After hearing evidence and argument,
the court ordered the lbellee to pay
alimony pendente lite, for the support
of libellant and children, the sum OF
81 week. to be paid that day and each
and every week thereafter; also to pay
the libellants monthly house rent not
later than the last day of each month
until further order of the court; also
to pay the costs of these proceedings.
81 thereof forthwith and the balance at
the final disposition of the case; also
to pay $25 counsel fee to libellant's at
torney $40 not later than the 23rd inst.
and the balance within thirty days
thereafter.
KONA PLANTATION AFTERMATH.
An amended complaint has been filed
I'm the assumpsit suit of William w.
Bierce, Ltd, VS.. Clinton J. Hutchins,
trustee; Arthur b. Wood, and William
Waterhouse and Albert Waterhousc,
executors of the will of Henry Water
house, deceased The cause of action
Is bond executed by Hutchins, trus-
tee OF Kona Sugar Co., with the late
Henry Warehouse and Arthur II.
Wood as sureties, in the sum of $50, 600.
conditioned that in the event OF the
suit 1t had brought against Hutchins
for certain specified property, which
Hutchins had requested to be turned
over to him by the High Sheriff who
had taken possession OF II Hutchins
should deliver the property to the
plaintiff together with any sum of
money that might be awarded to him.
The property in question was a rail-
way plant.
On March 10, 1904, judgment was a
warded against Hutchins and in favor
of the plaintiff for the return of the
property, or failing that its value OF
$22, 900 as found by the court. Execu-
ton on the judgment was returned
wholly unsatisfed, and the present suit
IL to recover on the bond alleged to
be forfeited, the judgment debt of $22,-
900 together with interest thereon from
March 10, 1904. The suit Is entered
for the January term of the First Cir
cult Court.