The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-16

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! evidence was struck out, the jury be-
ing directed to disregard it.
| The following jury was empaneled TO
trv Ho Sol: Edwin Benner, J. H.
Craig. James Brown, H. a. Parmelee,
Harry Carl, ]. w. Bergstrom, c. J.
Ffshel John c. Lane, j. j. Dias, G.
D. Malone, Geo. Dillingham;, j. A. La
welawe. The trial will be resumed this
morning.
M Prosser, Deputy Attorney Cen
/ eral, is prosecuting.
JUDGMENT RENDERED.
Judge De Bolt heard without jury
the case of Washington Mercantile Co.
VS.. VIM. A. Hall. Thayer & Hemen-
way appeared for plaintiff, and c. w.
Ashford for defendant. Judgment was
given for plaintiff for $50 and costs.
An exception was noted and notice Of
motion for a new trial given by de-
PENDANT.
CALLING OF CALENDAR.
In the calling of jury-waived cases
before Judge De Bolt yesterday half
a dozen were passed for the time and
the following disposition made of
others:
Liliuokalani VS.. the Inter-Island Tele-
graph Company and Mele Kahano VS..
M. Manuahi were struck from the cal
endar.
Houghton Miffin & Company VS..
DR.. T. Mitamura, Tong See vs. A. M.
Brown, Honolulu Investment Company
vs. Helen Rowland ct al and Thomas
F. McTighe VS.. Edward Walsh were
continued for the tern.
In c. w. Booth VS.. Wa Chu ct al the
appeal was dismissed and Oahu r. &
L. Co. VS.. Lionel r. A. Hart and Hale
akala Hart was set for hearing this
afternoon.
HEATING ESTATE DIVISION.
NJ. D. Monsarrat, commissioner to
divide property in the case of Heating
VS.. Heating, has made his report. The
land and house at Kaukahoku, Nuu-
anu road, are divided by value three
quarters to Mrs. Francis Heating and
one quarter to James Heating. Valu-
ing the land at $1,000 and the house at
$500, or $500 in all, Mrs. Keating's
share is $2100 worth and James Keat-
ing's 500 worth. OF the total area of
land 1.98 acres, Mrs Heating gets LAO
acres and the house and James Keat-
ing 058 acre. Mrs. Heating has the
mauka portion with a frontake of 154
feet on Nuuanu road, and James Keat-
ing the makai portion with a frontage
of 96 feet on the same road. Mr.. Mon
sarrat says that in dividing the prop
erty the value of the house and the lay
of the divisions have been taken into
consideration. Besides being familiar
with the property he had made an
examination of it since his appoint
ment.
TORRENS LAND TITLE.
Judge Philip L. Weaver has rendered
tration, confirming and guaranteeing
to Rev. Doremus Scudder, D. D., the
title to the premises in Prospect street
Scott.
FENCE INJUNCTION.
William McCandless has filed an an
swer to the complaint of Territory of
Hawaii, for injunction restraining him
from obstructing a highway at Palama.
He neither admits nor denies that there
is. highway from King street to the
rice mill of Y. Amin. He denies THAI
on or about March II, 1904 he unlaw
fully INSTRUCTED the highway referred
within the limits of such highway, for
a distance of more than 100 feet, and
denies that he has erected any fence
which constitutes permanent obstruc-
ton to the use of said highway.
And respondent further answering
says" the declaration concludes, that
on or about the 18th day of March, 1904,
respondent constructed fence more
hundred IN
that said fence was so constructed on
land owned in fee by respondent; that
there is no highway over said land, and
that said fence SO constructed as afore-
said is no obstruction to any high
way
COURT NOTES.
The First American Savings & Trust
Co. of Hawaii, Ltd, by it's attorneys,
G. A. and E. A. c. Long, have filed a
motion for deficiency judgment against
Mary j. Montana and A. A. Montana
for $1919.54.
George A. Davis yesterday filed salts
faction of judgment in his suit for at
torney's fee against Mrs. Libana de
Nobrega, according to verdict of jury
for 5000 and costs. The release is for
$21S
A general denial is filed by defendant
in the assumpsit suit of X Matsumoto
VS.. Kapiolani Estate, Ltd
Judge De Bolt appointed w o. Smith
administrator of the estate of Ane Paa-
kaula without bonds.
Lai Sun, indicted for maintaining
lottery scheme. by his counsel. c. c.
Biting, withdrew his plea of guilty and
filed a demurrer.
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