The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-18

and bench warrant issued at
the instance of Mr.. Fleming failed to
bring him in when the court resumed
~ n m. after recess. The prosecution
Mr. Chillinpworth called the defend
ant also Torres, the Gillian steward of
the Othelio at the time the shooting
happened.
story as he had done at the fiTst trial.
On cross-exan1inafion he said that IN
Stead of the seven Jaanese put aboard
the vessel as sailors, he found there We're
thirteen. The surplus he took to be
stowawavs. but admitted that two of
them might have paid their passages
az tte recruits he considered two as
GOOD men. The others were not good
Sailors. they could not go aloft. De-
PENDANT as before testified that when
he struck the Japanese on the chin and
the n;stol went off the fellow was COM
mo at him with knife and he shot,
not thinking whether to kill or not, be-
cause he felt his life was in danger. AS
fo the alleged attempt TO bride the officer
arresting him. he said he was willing
70 nav $50 in settlement of damages
for the injury.
TALESMEN CALLED IN.
The following ta1esmen appeared in
ohed;ence to special summons to serve
&c ;urors before Judge De Bolt yester-
day morning Charles HurinIell, Charles
Collins. Joseph A. Lawelawe, John II.
Craig. Joseph T. Dias, Patrick Ryan,
Fdqar L. Lewis, Charles F. Merrifeld,
O. d. Malone, E. O. K. East, E. $.
C,,nha. @. Fl. Berrey. Albert Lucas, r.
II Vowel. E. H. Wodehouse, r. w.
Davis. Harry A. Wilder, W. Matlock
Campbell. A. r. Quincy, Jr.. William
IT McInerny Edmund Norrie, E. K.
Ratf,. Charles S. Crane, H. c. Brown
and Alex. c. Dowsett.
GUARDIAN FOR BOY.
On the petition of Charles F. Hart,
Judge Gear appointed w. o. Smith
guardian of the person of John Merton,
a minor IL years of age. The guardian
| IS charged with the care, custody and
education of the minor.
The petition stated that John Merton
was the son of Frederick Merton and
the nephew. of Mrs. Rebecca Hart, wife
of the petitioner Frederick Merton.
| it was further stated, formerly resided
| in Honolulu but departed therefronl
| about IS years ago. On February rs,
1901, at San Francisco. Frederick Mer-
ton delivered to petitioner an instrument
| in writing. by which he put his two
| children, Fanny and John, under the
! care and custody of petitioner, then OF
| Alameda county, ito be by him properly
/ provided for and educated during their
minority Mr.. Hart was specially au-
thorized TO take the children from San
! Francisco to South Kona, Hawaii, there
/ TO be n1aced at such school or other IN
| stitution as to him seemed best. The
/ mother of John Merton died when ne
| was about one year of age His fati1ei
was last heard from about the year 1900
when he wrote to petitioner from Cali
/ fornia.
/ DESERVING HUSBAND ABROAD
A libel for divorce brought by Amelia
i K. Green, alias Cakes, against Fredericl
M. Green, alias Cakes, ON the groune
of failure to support states that the par
tiles have never lived together as hus
! band and wife in the Territory of Ha
i wall, though the iibellant says she ha
i been a resident of Honolulu since 1895
4 She prays that copy of the libel ant
/ summons be sent to the United State
4 Marshal for the district of Californi
4 for service The parties were nnarr1e'
8 in San Francisco in November, ISSz
! and no children have been born OF SAL
marriage
REHEARING ASKED FOR.
Palolo Land and Improvement Co
Ltd, by its attorney, T. McCants Stew
art, has filed in the Supreme Court
!, motion for a rehearing of its waite
rights suit against Wong Quai ct al
Ion the grounds that the court in II
decision OF April 10 overlooked nls
! terial facts and committed mistake c
:. misapprefaension of facts of the cas-
The original hearing of this case b
: Mrs. Nakuina, Commissioner, occupie
many weeks. Her decision was malrl
: sustained BY the Supreme Court.
!, NEW TRIAL MOTION.
Il Defendant in the malicious prosect
E ton suit of J. C. Axtell VS.. II. E. Her
: drick, in which a verdict of $1,000 dan
e ages was returned, has by his attorney
? Robertson & Wilder, filed motion te
r new trial on the grounds of evlderle
t enormously admitted and excluded,
s errors in the courts charge to the jul
4 and of the verdict as being contrary
the law and the evidence.
THE LOVE GUARDIANSHIP.
Henry Waterhouse Trust Co., Ltd
: files an answer to the complaint
: equity of James Love, seeking relea:
: from guardianship, against James Low
= IT., Annie K Hart and the defendai
. above named. Some allegations are az
1nitted, others denied. and this defent
ant says it has now on hand as trustt
only the sum of $4,000, as to which
abides the direction of the court.
COURT NOTES.
1t is stipulated in the case of va
Wo Tong partnership against Hof
schlaeger Co., Ltd, and Arthur \
Brown, High Sheriff. that defendant
have ten days further time within wEic
to answer the complaint, provided sue
right has not already expired.
Judge Robinson was engaged all da
yesterday hearing the suit for injun'
ton of foreclosure of mortgage and f
reformation of mortgage brought /
Chas. S. Desky against Chas. w Boot
relative to Pacific Heights residenc
tract.
Henry E. Cooper, executor of the Wi
of l. Billnan, deceased, has applied f
an order to take the deposition of D
C. B. Cooper. material witness fc
1 Ii - ,b1,,%