The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-09


reasons set forth in E. B. McClana-
hans affidavit or for any other reason
but on the contrary he has practically
| completed a reorganization and that
within ten days, as affiant believes. the
said plantation will be in operation and
it's matters and affairs so arranged
that a sugar plantation win be con-
tinued upon the properties formerly
constituting the Kona. Sugar Co. plan
I tation.
Mr.. Hutchins says he is able to take
good care of all the properties involved
and, as to the railway material invoIv-
ed in the Bierce suit. he expects to be
able to reverse the judgment of the
Circuit Court upon appeal to the
Supreme Court. The possession of the
railway which ne believes became his
property at the receivers sale. he says
Is of vital Importance to the continu-
ance of the plantation.
He claims that the security ON his
former redelivery bond is good and
sufficient and further states that he has
sled In the present action a bond in
SOS. 900 that he will not dispose of any
of his property pending the determine
ton of the appeal.
Finally, he represents the plaintiff on
its own claim as being a foreign cor
poration without agents here or prop
erty within the jurisdiction of the court
other than that involved in this action,
and says if possession is given to plain
tiff the property will be dispersed
either by sale to various parties or it
will be removed from the jurisdiction
of this court, and therefore If affiant
finally succeeds in this case he will be
unable to follow the property or to
recover damages from plaintiff.
ANOTHER AFFIDAVIT.
Guy F. Maydwell, attorney. in an
affidavit says that the Judgment OF
possession granted by Second District
Magistrate Thomas Aiu to Kapiolani
Estate, Ltd. for possession of the Ko-
ma Sugar Co. mill property was stayed
by an appeal therefrom to the Third
Circuit Court, but notwithstanding said
appeal Aiu. at the instance of the man
ager of the Kapiolani Estate, Ltd.
John F. CoIburn, in fraud of the rights
of defendant in Bierce VS.. Hutchins,
issued a writ of possession under which
the Estate was put in possession of the
property and defendant ousted there
from on March %. He says the Second
District Magistrate pretended to be
acting under Secs. IL and 10, Chap. 80,
Laws of 1903, but that no true grounds
We're shown nor was any hearing had
on any application for the issuance OF
the writ Defendant had no opportu-
nifty of a hearing, "but the writ was is
sued surreptitiously and fraudulently,
without the knowledge of defendant or
his attorneys, and said magistrate was
misled and deceived into issuing the
same A motion is pending before Aiu
to recall and set aside the writ, which
affiant believes will be granted and If
not he will proceed by certiorari to set
1t aside. The appeal will be heard at
term on April 81 or as soon thereafter
as counsel can be heard. It is believed
the appeal will be successful as the
decided the case contrary
To- decisions of the Supreme Court, and
It is finally alleged:
s"That said Kapiolani Estate, Limited, |
brought said action for the purpose of |
and annoying defendant. and |
without any legal grounds sfor the
same; and contrary to custom brought |
,aid case before Thomas Aiu, Second |
District Magistrate, instead of before |
he First District Magistrate, George |
Clark, for the reason, as affiant be- |
ieves, because said Second District |
Magistrate is a man of no legal learn
ng or experience, and is easily deceiv-
ID and imposed upon, and that he waa
70 deceived and imposed upon. and in
luced and influenced to render judg-
nent contrary to the law and the evil
Ience. and thereafter to do the wrong
md unlawful acts hereinbefore set
ORTIZ"
AN ACQUITTAL.
Wong Kan was tried before Judge
De Bolt for assault and battery and
ound not guilty. w. S. Fleming, As
istant Attorney General, for the Ter
itory; Robertson & Wilder for the de-
The jury consisted of w. M.
John Coffee, Jessin An
rade Samuel K. Paulo, Chas. Fl. Bel
ma, Geo. Kealohapauole, Percy Lish-
nan, Henry Cook, j. r. Gait, c. j.
ak, Henry p. Kaohi and John Kid
ell
The case of Lai Sun, charged with
maintaining a lottery scheme, is con-
nued till next term on motion of F.
T. Brooks for defendant.
COURT NOTES.
In the case OF Hawaiian Electric Co.
s. Will C. King, Charles R. Hemen-
'ay, trustee in bankruptcy, is substi-
lted as defendant
Evidence has been completed in s. M.
'allou's injunction suit against the
lutual Telephone Co. and argument
i'll be heard by Judge Gear on Mon
ay
Judge Robinson is still hearing the
acific Heights injunction of fore
Iosure. Mr.. Milverton followed Mr.
RAFT in argument on behalf of the
laintiff yesterday.
THE SCRATCH OF A PIN may
ause the loss of limb or even death