The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-17

r. Collins, VIM. n. McInerny and D. ].
Styne retired. Clapp, McInerny and
Styne were opposed to capital punish
ment.
]. c. Axten and C. ]. Ludwigsen
were excused on motion of the defense
for cause Both sides agreed on ex-
cusing John Kidwell, who had been
excused on the former Jones murder
trial.
Sam K. Aki who had served on many
civil jury trials this term, was now
excused for want of sufficient familiar
ity with the English language.
TRIAL OF INJUNCTION.
Herbert Kendalrs injunction suit
against C. S. Holloway. Superintendent
of Public Works, and Lucas Bros, to
prevent the signing of a contract be-
tween the respondents for the erection
of the LahainaIuna Seminary buildings,
came on for hearing before Judge De
Bolt yesterday afternoon. S. NJ. Bal
lou appeared for plaintiff; W. A. Kin
ney for Lucas Bros, and NJ. F. Prosser
for the superintendent of Public
Works.
After considerable of evidence had
been taken, Mr.. Kinney moved to dis
miss the bill because equity had not
been shown. The court denied the mo-
ton and the hearing proceeded until
four o'clock, when it was continued
until Friday at a. m.
DAMAGES FOR KILLING.
c. K All petitions for letters of adj
ministration on the estate of Chang
zee Tong, deceased, as the nominee of
the widow. The estate consists of per-
sonal property valued at 5000 and cause
of action for damages for death of de-
ceased by wrongful act of the Mutual
Telephone Co. and of the Honolulu
Rapid Transit and Land Co., value I'M
known. r. w. Breckons and J. J.
Dunno are attorneys for petitioner.
Goo Shee, widow of deceased, is living
in China.
TELEPHONE COMPANY PURGED.
Judge Gear yesterday signed an order
declaring the Mutual Telephone CO. and
its superintendent, w. F. Lehigh, purg
ed of contempt of court upon satisfac-
tory evidence that they have obeyed
and carried into effect the order of this
Honorable Court heretofore made, to-
w.t. on the 1st day of March, 1904, rela-
tive to inserting the name of Sidney NJ.
Ballou in the March, 1904, Directory"
ST. CLEMENTS LAWSUIT.
T. r. Walker ct al, trustees of st.
Clements church, in their suit for sum
mary possession against Gouveia, have |
given notice of motion to be made be- |
fore Judge Gear on Monday next that
the appeal of defendant be dismissed |
for laches and want of prosecution be- |
cause plaintiffs and their successors !
have been in possession since Novem- |
Der, 1899, and no rights of the parties |
remain to be adjudicated, and because !
it does not appear that the appeal was
duly perfected.
THE DREDGING CONTRACT.
In the suit for compensation, under
agreement relative to Pearl Harbor
dredging, of Clark e. Henery VS.. H.
Hackfeld e Co, Ltd, and Castle &
Cooke, Ltd, Judge De Bolt yesterday
overruled the demurrer of the Hack
field company, giving it five days in
which to answer. A. S. Hartwell for
H. E. Cooper for defendant,
The grounds of demurrer, briefly,
were that there was no cause of action
against this defendant" that if $4,000
was guaranteed at all, it was by the
Oahu Sugar Co. and the Eva Planta-
lion Co. and not by this defendant; that
it did not appear that this defendant
was ever satisfied that the opening of
the channel of Pearl Harbor would
open the same to commerce; that it did
not appear that plaintiffs did the neces-
;ary work to be performed to make the
channel of Pearl Harbor 200 feet wide
at the bottom and thirty feet deep, or
hat said channel was made of those
dimensions, and, lastly, that the COM
plant is ambiguous as to the agree
nent.
The argument in support of the de-
nurrer was mainly that there was no
liability of the guarantors because the
plantation companies were not liable.
Judge De Bolt overruled the demurrer,
regarding the defendants guaranty as
IN original agreement. All the other
grounds were likewise overruled.
COURT NOTES.
Mary K. Kahalepuna, guardian of
xeala and Kalu, minors, has filed an
inventory of their estate. 1t consists
If two pieces of land in Koolaupoko,
Oahu. aggregating 3.O5 acres and a
louse-lot at Pauoa Valley, together
With family residence at Waikiki
Another day passed in the trial of
he American Dry Goods Association
before Judge Gear.