The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-15
TEMPERANCE
At THE BAR
Law Of heredity
invoked In
Court.

one of his opening questions OF an
elderly man who had Just taken the
witness stand, on the familiar ground
that 1t was incompetent, irrelevant
and immaterial," when Mr.. Biting ar
gued in this strain:
II never wish to take ADVANTAGE of
counsel or court. What I desire, to
prove by this witness may seem to have
no bearing on the case but intend to
connect 1t with other evidence in a
way that will make 1t material. AS
cannot carry all my evidence at my
fingers ends, it will be necessary to
produce one link in the chain at
time.
1T Is my purpose to show that the
father of this witness was excessive
ly addicted to the use of Intoxicating
drink. Further l shall show that this
man, grandfather of that girl (pointng
toward a principal figure in the case
at BARI, and his brother were. by
court Of competent jurisdiction, placed
under guardianship on account of in
competence to manage their own af-
fairs brought about by their excessive
indulgence in Intoxicating drink
Then I shall place on the stand able
experts to prove, from their profess
sional experience and the teaching of
science, that mental disease is trans
mitted by Incorporate parents to their
offsprings for several generations
that the kind God Furnishes innocent
children for the sins of their fathers"
The matter was the petition of Mrs.
Annie Kentwell to annul the marriage
of Albert Christian with Eliza Holt
Christian. on the ground that it was
brought about by undue influence
wrought upon the girls weak mind.
Complainant is near relative of Mrs.
Christian and brought the suit about
eight months ago. Her attorneys are
c. c. Biting and Robertson & Wilder,
though in court yesterday the first
named appeared single-handed with
Cathcart & Milverton and c. w. Ash
ford arrayed against him for the hus-
band.
A Sister of the Sacred Hearts Con-
vent was one of the witnesses and
testified that Eliza Holt while attend
ing the Convent school before marriage,
had IAN undeveloped mind" In con-
versaton the child wandered abrupt
ly from the subjects on which she was
addressed. A popularity was an ex-
ceedingly jealous regard for her own
eating utensils-spoon, mug, etc.
which she would never allow anyone
else to touch. Yet she remembered the
names of her schoolmates and acted
nationally enough in minor matters.
There was much wranging between
counsel over questions and answers,
also verbal distinctions. The hearing
occupied the day, yet is little more
than begun.
UNSPEAKABLE BRUTALITIES.
Judge De Bolt granted a divorce to
Becky Kaluna against Ben Kaluna on
the ground of extreme cruelty. The
complaint thus succeeding contained
a pitifu tale of woman's suffering from
mans brutality. Kicking his wife in
the abdomen gouging her eyes and
breaking her leg with a club were
among the instances of the husbands
attentions.
Lono Keanini has brought a libel in
divorce against John Keanini, alleging
extreme cruelty, desertion, failure to
provide and criminal infidelity. One
Meleana is named as his partner in
guilt. The allegations of cruelty are
horrible in detail. After a statement
that the parties We're married in Ho-
nolulu on Dec. l, 1899, the libellant
says:
THAT shortly after the said mar
riage said respondent began to treat
libellant with extreme cruelty, and for
over q year thereafter continued to so
treat libellant; that during said period
of one year. at intervals of a few days.
respondent either beat lbellant with
his fists, kicked or otherwise ill treat
ed her. and that more particularly on
or about the first day of January, A.
d. 1901, without cause or provocation
respondent made brutal attack upon
libellant and beat her upon the head
and face with his clenched fist kicked
her in the abdomen with his feet, he
then having heavy shoes on, and |
dragged her over the floor by the hair |
of her head that in consequence of said |
Ill treatment as aforesaid libellant be- |
came ILL., was confined to her room for |
several days and by reason of the |
wounds and bruises inflicted by re-
spondent on the face of libellant she !
was unable to leave her home for two
weeks"
SUPREME COURT CASES.
The injunction suit of John Lucas
against c, S, Holloway Superintendent |
OF Public Works, and Hawaiian-Amer- |
lean Engineering Co. TO enJoin the |
Brewers wharf and shed contract was
argued and submitted before the SUI
preme Court yesterday w. A. Kinney
appeared for plaintlff; NJ, y, Prosser
and u L. Wilmington for defendants |
I'm the assumpslt suit of Thomas Null |
len vs., John Walker the plalntif by his
attorney, r. Mecants stewart has filed !
an appeal 20 the supreme court from
Judge l'ohiRson's decision setting aside
service NJ summons ON tho sround that
the eopy served iil ual hear lhe eaurls
seal
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