The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-07-15
GEAR WILL NOT
CO TO CONVENT
THE JUDGE REFUSES TO HOLD
SESSION OF COURT TO TAKE
TESTIMONY THERE.

The case of Holt VS.. Christian, a suit
for annulment of marriage which has
been dragging along for some time and
has already been partially tried, was
recommended in Judge Gears court
yesterday
The plaintiff is Eliza r. p. Holt,
minor, who is represented by her cousin
and guardian Mrs. Annie Holt Kent
well. The defendant Is Albert Chris
tian formerly purser on an island
steamer. The prosecution sets forth
that the girl Eliza Holt who is not yet
10 years of age has always been and is
now defective in intellectual powers.
she is the heiress of John d. Holt, Sc
NOR and from him she will inherit
much valuable property in Hawaii. on
September 10, 1900, Mrs. Kentwel wa7
appointed guardian to the girl by Judge
Humphreys. In January, 1903, the girls
relatives had to accuse her under Sec
ton 141S of the criminal code and she
was found guilty. She was permitted
to go to the house Of one George c. Sea.
in this city, there to attend to the needs
of an Legitimate child of hers which
.
child had been adopted by Sea. On the
26th of January however she was mar
ried to Albert Christian, the ceremony
being performed by Rev. Father Gle
ment The prosecution asserts that the
girl is of too weak a mental to be able
to appreciate what she was doing at the
time, and that the marriage was the re-
suit of a conspiracy between Sea and
Christian for the purpose of obtaining
control of the property which the girl
will receive on the death of her father.
The evidence of the guardian Mrs.
Kentwell was given some time ago and
this morning c. w. Ashford, for the de-
Tense, cross-eXamined. Mrs. Kentwell
stuck to her assertion that the girl was
feeble-minded and had been so for
many years When she had been quite
a grown girl and was at school she had
borne, but c. c. Biting for the prose-
cution objected and the objection was
sustained.
Attorney Biting stated to the court
that he wished to put in the evidence
of the Mother Superior of the Sacred
Heart Convent which the girl formerly
attended. The Mother Superior was
not, he said, able to attend the court,
but would tell what she knew of the
girls mental condition if the court went
to the convent.
The suggestion created a good deal of
discussion between the court and coun-
sci. The defense did not see the neces-
sity for the unusual procedure and
Judge Gear was by no means enthu-
siastic.
Il am willing to make all allowances
for religious opinions" said the judge,
| but the courts are here for the purpose
of taking evidence and 1 do not feel
justified in taking an unusual course
without the strongest reasons. I shall
certainly not go to the convent for the
purpose of taking evidence unless l am
, requested by both sides to do So"
During the afternoon session of the
court Sister Beatrice of st. Andrews
Priory, which institution the girl at
tended for some time, was the principal
witness. She said that Eliza was very
backward and her intelligence was quite
undeveloped. She could not learn any
| thing and her companions We're always
the little girls. The Sister did not think
that the girl would be at all able to
realize what marriage was or to appre-
ciate the responsibilities of 1t.
ERgKTNT NJ pTJET pS REpnDTE1O