The Hawaiian gazette., 1904-03-01
JOE finn
NOT GU|[T TY
Decision by Judge De
BoIt...Supreme Court
Hearings, etc.


murder. The jury returned a verdict
of mot guilty" at $3.50 last night, hav-
ing retired to consider their verdict at
8 o'clock. They hal been called in
at 6 o'clock and sent in charge of the
bailiff to the Union Grill for dinner,
with instructions to return to their
deliberations in the courthouse at 1880.
j. ]. Dunno began his closing speech
for the defense when the court opened
at p. m. after the noon recess. He
made strong attack upon the credi-
bility of certain witnesses for the pros
ecution, roasting in particular Macau-
ley, the Porto Rican interpreter, whom
he designated "a negro spy" w. S.
Fleming closed for the Territory, ably
summing up the evidence against
Finn. Judge Robinson then delivered
the charge of the court and passed
upon requested instructions.
The courtroom was crowded all day
with friends of the accused and of the
complaining witness Following Is the
panel that acquitted Finn: John j.
Egan, E. r. Bivens, S. VIM. Spencer.
w. l.. Fletcher, John c. Lane, Samuel
Nowlein, VIM. Dunbar, John Coffee,
Clarence II. Cooke, Alex. C. Dowsett,
James A. Lawelawe, James w. Berg
strom.
QUESTION OF COMMISSION.
A decision of the hard but honest
kind was rendered by Judge De Bolt
yesterday in the matter of the estate of
| August Kraft, late of Honolulu, de-
ceased.
August Kraft by His last will devised
all his property, real, personal or other
wise, to be equally divided among his
children, with the proviso that the
property in Lunalilo street in said Ho-
nolulu be sold" The executors named
in the will declined to act and w. L..
Howard was appointed administrator
with the will annexed. The heirs elect
ed ito take the real property and "all
jewelry in the hands of the admins
traitor in lieu of the proceeds of a sale
thereof" The real property was ap-
praised at the value of $4,000 and the
jewelry $l54.75.
The administrator presented his ac-
charge for five per cent. ($7O7.73) for
commission on $14,154.15, the appraised
value of the property just mentioned.
! Counsel for the heirs objected to the
allowance of this commission, contend
ing that under the rule as laid down by
the Supreme Court in the Molteno and
Long cases, commissions can only be
allowed on money received and paid
| out.
Counsel for the administrator con-
tended, particularly as to the land, that
the testator having directed that it be
sold commission thereby resulted,
and that it must be considered as
money.
Judge De Bolt decides against the
administrator in the following words:
Il am of the opinion, however, that
the objection of counsel for the heirs
y, is we'll taken. 1t seems quite clear
that the title to the land passed by the
will direct to the devisees; and assum-
ing, without deciding, that the admin
istrator succeeded to all the powers
relative to the sale of the property in
question, which the executors would
have had, still it was a mere power OF
sale and was revoked by the election
of the heirs to take the property in lieu
of money. However much we may fee
that the facts involved work hardship
upon the administrator, it is equally
obvious that the court has no power tc
enlarge the statute to meet the seeming
equity of his claim. The commissio,
claimed by the administrator, there
fore, cannot be allowed"
The court then allows the counse
for the administrator $50 in full for al
his services, being additional to fe,
of $500 previously allowed on account
A fee of $50 is allowed =. d. Kellett, Jr.
master, besides 81 expenses incurred b.
him.
SUPREME COURT.
Since last report the Supreme Cour
has heard cases as follows:
Territory of Hawaii VS.. Il. S. Cunha
appeal from District Court of Honolulu
argued and submitted.
5. Ahmi VS.. Annie Waller ct al, erro
to First Circuit Court, argued and sub
: mitted.
Irene b. Cornwell VS.. ]. F. Colburn
{ appeal from District Court of Honolulu
/ submitted on briefs.
II. Hackfeld & Co., Ltd, VS., Hill
, Railroad Co., exceptions of defendan
from Fourth Circuit Court. Exception
withdrawn and case remanded to tn
, court below.
]. f. Colburn VS.. Hawaii Land Co
I, appeal from District Court of Homo
lulu, discontinued.
Lucy *. Peabody VS.. S. NJ. Damon c
al. CBishop Estate), error to First Cir
cult Court. Motion to dismiss submit
ted on briefs.
COURT NOTES.
n 1t is stipulated in the case of Henr
Q Smith, trustee, VS.. John ID. Holt, Jr
: et al. that the defendant Waialua ASr
: cultural Company have until and II
= | l,lnhit,,r Mnrnh N Nhinh 10 nnSNp