The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-08
FOR A RIOT
At WA|ALUA
-Four Chinese Are
Now on Trial
BY Jury.
tFrom Sundays Advertise)

The Waialua riot case was on trial
before Judge Gear all day yesterday.
Deputy Acknowledgement NJ i, Prosser
appears for the Territory A. s. Hum
phreys assists +. A. Douthtt as counsel
for the defendants. Chun Lun, Akin.
Ng In and Sam Yau are charged in the
Indictment with having assembled at
Waialua on July p last, armed with
clubs, sticks. stones and cane knives,
and. with tumult and violence tending
to strike terror into others, joined in
unlawiuly, feloniously, maliciously and
riotously assauting one Wong Chuck
Lung. and then and there beat, wound
and otherwise illtreat him to his great
danger, hurt and injury"
OTHER CRIMINAL CASES.
The arraignment of Arroyo for murder
was put off from time to time through |
out yesterday, the latest hour being
four o'clock AS no Spanish interpreter
had been obtained the case was further
continued.
The motion for continuance in the
Naonc murder case and pleas in the
cases OF Lupine Gomez, Mary Manu-
and Akiona, for different offenses, were
continued until 9:3o Monday morning.
MOANA HOTEL DRINKABLES.
Judge De Bolt yesterday heard the
replevin suit OF Hawaiian Trust Com
pany, Ltd, VS.. A. NJ. Brown, High
Sheriff, for quantity OF wines and
liquors valued at $500, which it was
alleged was seized by defendant on June
/, 1904, while plaintiff was in the law
full possession thereof, being then the
owner in rightful possession of the
Moana Hotel at Waikiki
At the time of the seizure, the COM
plant said, the business OF the hotel in
the sale of wines, liquors, etc, was es
pecially profitable, as defendant well
knew. Besides asking for return of
for their value, the plaintiff claimed
business
H. f. Cooper and S. H. Derby ap-
peared for plaintiff and II. G. Middle
ditch and A. NJ Brown for defendant.
On the conclusion OF plaintiffs case
just before noon, Mr. Middleditch stated
the grounds of motion for nonsuit
which he would argue after recess
These were i'll effect that less title than
ownership had been shown by plaintiff,
and that the goods mentioned in the
complaint had not been identified as
those covered by the mortgage held by
plaintiff.
Mr.. Hetsche, manager of the Moana
Hotel, called by the plaintiff testified
that about the time of the seizure the
bar receipts averaged 500 day and the
hotel as a whole was taking in about
SISo a day. The presence of Admiral
GLASS; fleet in port materially helped the
business of the Moana Hotel Co. lust
at the time it was interrupted by the
seizure in question.
After recess the motion for nonsuit
was denied and evidence for defendant
was put on.
ENGLISH HEIRS PAID.
George II. Robertson, administrator
nard late of Brighton, England, has
filed his final account with a petition
for discharge He received SS6I2 and |
paid out 1874, leaving balance of $sS |
The receipts came from the sale of |
McBryde bonds and c. Brewer & Co.
stock, together with interest and dvi-
dends prior to sale, and the payments
are shown i'll remittances to the heirs
in England and expenses of administra-
tion.
LARGE PROPERTY SUIT.
Elizabeth X. Meyer of Kalae, Molo-
kai, has brought suit in equity to cancel
and set aside a written instrument
against Jesse Makainai. Complainant
shows that prior to Sept 3, 1908, her
aunt, Mary Aud of Honolulu, was pos
sessed OF certain pieces of land at Ka-
lihi, Honolulu, which are described in
the complaint, and that on the day lust
mentioned Mary Aud did, by proper
deed OF conveyance, convey unto COM
plainant all OF the described property.
She shows further that on June 20.
1900, Mary Aud and her husband, the
late William Aud, entered into an
agreement in writing with the respond
ent, Jesse Makalnai, that they would
sell the same described property to him
Tor $4,000. This amount was to be
paid within two years after the expira-
ton of the last lease on the property.
The sum OF $1,000 was to be paid on
execution OF the agreement During the
life OF the agreement Aakainai was to
pay TO Mary Aud $500 every year until
the termination Of certain leases on the
property Rentals were TO be paid to
William and Mary Aud and not in
eluded IN the purchase price The $500
4 year was 90 be credited on the pur- J
chase price TO Makainai
During the years 1000. 1901 and roo, !,
Makainai performed the conditions OF
the agreement, bat during the years
1903 and 1901 he has utterly failed.
neglected and refused 10 pay 10 Mary
Aud 10 the complainant, or 20 any
other person or persons on their behalf. i
NE $500 q year stipulated in the agree !.
,eni.
Complainant prays lha, the agreement
may De cancelled Tor conditions broken. I
hal Makaiuai forfeit the moneys paid
,s the agreement provide and dat shr
le given fnch other relief ai lhc court
deems equitable
THE HARIs TJrCTED
ln ihe m.i i0r summary possession oil !
Oahu RsIYaF Is land O. 80 Lionel ;
q "a ilsn and liHoiHa illn. 40, Z
J.