The Hawaiian gazette., 1904-11-22
JURY To TRY
s. MAHAULU
Some important Deci,
sions Filed-..Othe
Court Items.

and sworn about 4.lj yesterday after
noon for the trial OF stephen Maha-
ulu on indictment for embezzlement OF
public money while he was chief clerk
of the Land office: G. ]. Ludwigsen.
j. J. Dias ]. +. Soper, T.. II. Arm
strong, c. =. Dwyer, G. d. Malone.
II. A. Parmelee. +. J. Dutra, Jessin
Andrade, c. f. Merriheld, II. p. Roth
and T. J. stone.
1t took but an hour and three-quar-
tiers to obtain the jury. The prosecu-
ton had excused ]. A. Lawelawe and
II. p. Kaoh and the defense w. a.
Fletcher, C. ]. Fishel and r. Benner,
besides which two or three Jurors were
excused for cause
The trial will begin at 10 o'clock
this morning. Deputy Attorney Cen
eral NJ. F. Prosser represents the Ter
ritory, and Frank E. Thompson the de-
PENDANT.
AN ACQUITTAL.
Aroki was tried and found not guilty
of assault with deadly weapon, by
the following jury before Judge Gear
Craig, II. p. Dwyer, E. j. Stone, H. P.
Kaohi, C. ]. Ludwigsen, E. Benner,
Harry Carl, F. j. Dutra, ]. A. Lave
lave, F. H. Armstrong and C. F. Mer-
rifeld NJ. F. Prosser for the Terri
tory; F. E. Thompson for the defenu-
ant.
BIERCE SHUT OUT.
BY unanimous decision of the Su-
preme Court >Justice Hartwell being
the author, the writ of error to the
Third Circuit Court is dismissed in
the case of William w. Bierce, Ltd,
VS.. NJ. w. McChesney & Sons, Kona
Sugar Co., Ltd, F. L. Dortch, receiv-
er; First American Savings & Trust
Co. of Hawaii, Ltd; Kapiolani Estate,
Ltd. L. NJ. Whitehouse, j. d. Paris,
Hannah j. Paris. Eliza Roy w. II.
Shipman, j. d. johnson, w. II. john
son and Caroline ]. Robinson.
The plaintiff in error, the Bierce cor
poration, was an interviewer in the suit,
claiming certain steel rails, locomo-
tives and other railroad property in
the possession of the receiver, and as
signed as error that the order of sale
did not except the property so claim
ed. The law findings of the decision
are as follows:
"a writ of error lies to an order Of
sale by a receiver and does not re-
quire that the purchaser be made
party.
"Only questions of jurisdiction and
matters subsequent to the order of sale
are considered on an appeal from an
order confirming a receivers sale.
"There il no error in an order of
sale failing to except property in re-
ceiver's hands claimed by the plaintiff
in error in an intervener's suit"
Kinney. Mechanism e Cooper ana
C. A. Galbraith for plaintiff in error;
Cathcart & Milverton for defendants
in error.
MRS. KAAE GAINS POINT.
The Supreme Court, by the clerk,
reverses the decree of Judge Robinson
in the matter of the estate of Mar
garet V. Carter, deceased and re-
mands the case to him for further
proceedings. 1t is held that demur-
err lies to petition for removal of exec
utrix. Judge Robinson had ordered
the demurrer of Mrs. Kaae, executriX,
stricken from the files and the eXecu-
trix removed on allegations of petition
without further hearing, there being
no answer l.. Andrews for petition
er; c. w. Ashford for executrix.
NoNSUIT SUSTAINED.
Exceptions We're overruled by the
Supreme Court, Justice Hartwel writ
ing the opinion, in the cases of Samuel
Andrews vs.. Wahinenui and VS.. Kali
kena The decision sustains the First
Circuit Court in ordering a nonsuit on
the ground that the plaintiffs case
showed that he had conveyed the land
to third person after the action was
entered. Castle & wilmington FOR
plaintiff; no appearance for either de-
PENDANT.
PACIFIC HEIGHTS RAILWAY.
Judge Robinson rendered a decision
ON the bill for foreclosure of trust deed
brought by w. o. Smith, trustee,
against the Pacific Heights Electric
Railway Co, Ltd, August Dreier, Hoo
nolulu Rapid Transit 4 Land CO.. Ltd,
Sister Albertina and Charles $. Desky
The so-called adjunctiye railway be-
tween the power house and Nuuanu
street Is found 10 be not included In
the deed of trust, Both the cable eon-
Meeting the original railway with the
present RAPID Transit system and the
steam condenser sold by g., 3, Desky
10 August nreier are held subject 10
the trust deed lien,
The petitioner II held 10 Doe entitled
90 the Judgment aud decree Of The court
prayed Tor by him AZ 90 an that por-
lion ~ the Ptcino Heights electric nil-
Nay Included in the trust deed, being
an ~ the property Included IN the BIN
~ complaint except the equipments ANA
rlHht of Wy of ihe ndiuprilYr line.
Los IL b. ordered lhgf ihe sable and
tleam condenser in dlspuis he Hnli unly
la tho rkrnf INHI fhn Hum realized rum