The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-01

pensation, mentioned that he had
fought out the matter in the 14th Ha-
waiian. Judge Gear having asked in
what respect he answered that he was
then guardian ad Item for the same
minor.
]. Lightfoot, on rising TO reply for
the petitioner, stated that his part
would be to produce authorities in sup
port of the petition and against the
attack just made upon it, While Mr..
Magoon would follow him in a more
Ella borate argument on the issues.
Starting with the proposition that the
argument against the form of proceed
ing was simply the making of a dis
tinction between tWeedledum and
tweedledee,'' he gave citations to show
that the only difference between petl-
ton and motion was that the former
must be reduced to writing While the
latter might be presented viva Voce.
Recess interrupted his remarks, but Mr..
Lightfoot resuming at p m. spoke for
an hour and twenty minutes further
He contended that there was enough
in the petition to justify the court in
removing the guardian upon a showing
of facts which the respondent was try
ing by demurrer to avoid.
J. Alfred Magoon followed his asso-
ciate, taking until about 4:20, when the
hearing was continued until 10 o'clock
this morning. His effort at the out
set was to represent the tactics of guar
dams counsel from the beginning as
1t was absurd to claim that
the petition, with the aft1davits back
of it, was not sufficient to bring the
guardian before the court for examina-
e
apprised of such a state of facts as
alleged -.ould be in duty bound of its
own motion to take cognizance of the
matter. Holding the contrary would
be to maintain that a guardian might
plumber his wards estate at will if a
near relative did not intervene and
bring him to account. 1t would be
equal to saying that the court was
powerless unless downright robbery
and stealing were charged. Another
thing emphasized by counsel was the
that the partition suit
brought by Mr.. Carter, which if sue
cessfuI, would be ruinous to his ward
was sufficient ground in itself for his
SLAVE TO DRINK.
Caroline Cotton was granted a di-
vorce from Edward Cotton by Judge
De Bolt yesterday on the ground of
non-support. Libellee was not repre- |
scented in court but a letter from him |
to his wife was produced, dated at |
Guatemala, c. A, Oct. q, 1903, in which |
he said he was running an engine there |
under a years contract, on the eXpira- |
ton of which he would return to Ho- |
nolulu. Cotton said he could not stop !
trail America as a battle-ground against |
his bane. He expressed himself as |
much ashamed of his treatment of Mrs. |
Cotton and asked her to pray for him. |
COURT NOTES.
Deputy Sheriff John Fernandez of !
Eva returned unserved a bench war
rant for Taguchi, indicted for being |
present in a place where gambling is |
carried on because the person could |
not be found.
John F. CoIburn and D. Kawanana- |
koa entered a demurrer to the COM |
plant of c. S. Holloway, Superintend- |
ent Of Public Works, suing on the bond |
of Edward Vivian Richardson as clerk !
of Honolulu. water works.
Porter Furniture Co. is suing Kapio- |
lani Estate, Ltd, for $635.O5 with in |
terest ON three notes of hand.
Cecil Brown is suing Kate Braymer, |
nee Cornwell, and Henry Waterhouse |
Trust Co, garnishee, for $3.50 with in
terest on a note. In this case the note |
was destroyed in a fire.
H. HackfeId & Co., Ltd, is suing |
Herbert B. Gehr for $63O.20 With in
terest on two promissory notes.
Bishop & Co. is suing H. A. Heen for
$1105.75 with interest on agreed state |
ment of account.
Emil Klemme filed an application in :,
the Court of Land Registration for |
title to a lot on the north side of Ala |
pal street, easterly of Hotel street, hav- !
ing a frontage of Sc feet on Alapai /,
street and a depth of 129 feet.