The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-15

tiff's case, Mr.. Robertson moved for a
nonsuit on the ground that there was
no evidence of the value OF me build
ings at the time they were destroyed
At this Mr.. Ballou moved for leave 10
reopen the case this morning on the
around of surprise, as he did not
anticipate ruling that his evidence
was insufficient.
Judge Robinson stated that he had
ruled uniformly on that point while the
evidence for the plaintiff was being
taken. Therefore he denied leave to re-
open the case and granted the motion
for a nonsuit.
Mr.. Ballou noted. an exception to the
courts ruling, especially on the
ground Of abuse of discretion
Judge Robinson then dismissed the
jury and excused it's members from fur
Their attendance in court until Friday
morning.
Geo. w. Smith, member of the Board
of Health; DR.. j. S. B. Pratt, its ex-
ecutive officer, and Andrew Brown.
member of the Board of Fire Commits
sioners, when The fire was started I'M
der orders of the Board of Health on
that memorable day, We're on waiting
orders as witnesses in the case all day.
LESSON TO LAWYERS.
Judge De Bolt gave the attorneys in
civil cases allotted to him what they
seemed to need most-tine in which to
get ready for trial. Yesterday was the
second day on which cases We're set for
trial, but with none of the attorneys
who had answered ready at the call
ing of the calendar prepared to go on
with anything. Accordingly the court
excused the jurors from further at
tendance until Tuesday, October 4, or
fifteen court days later.
THE HUSBANDS STORY.
Kojiro Nakamura answers the libel
for divorce of his wife, iTsune Naka-
mura, in the first place saying he was
sued enormously by the name of Ko-
jima Nakamura. He denies her accu-
sations of ill-treatment and alleges her
repeated desertion of hin-once at Ma
poopoo, then at Honolulu and again at
Lahaina. On the aforementioned occa-
sion, according to his story, they We're
on their way to Hawaii when they
agreed to stop over at Lahaina TO see
some friends. This was on August 10
last, and the respondent thus tells of
what happened:
THAT on or about the 18th day of
August said petitioner without cause or
provocation and without the consent or
knowledge of your respondent again left
and deserted him, taking with her $50
in cash and certain valuable papers, all
property of your respondent; that your
respondent Immediately instituted
search for petitioner and thereafter, to
Iox e Il
petitioner at Honolulu aforesaid
Kojiro denies the affluent circun1-
stances attributed to him in his wifes
libel. He says he is growing coffee in
Kona upon five acres of leased land,
one-half of the area being under Guilt
walton but without expectation of a
crop for at least two years. Conclud-
ing, he says:
THAT your affiant is wholly without
available money and your affiant alleges
that he has spent more than $3.50 pursu-
ing said petitioner over the islands, $135
of which he was forced to borrow from
friends. That the entire assets of your
respondent over his debts and obliga-
TORS does not exceed one hundred dol
lars. And your respondent further
shows that he is NOW, and al all times
'aerein mentioned has been ready and
willing to support and maintain petit
toner to the best of his ability provid-
ed she will return to his bed and
board
KAPIOLANI TRACT TAXES.
w. c. Achi enters a demurrer to the
bill to enforce a tax lien brought
against him by James L. Holt. asses
sor. He says the complaint is bad in
substance, also that there is a nlisjoin-
der of parties. THAT is to say" the
demurrer proceeds, there are several
persons who are necessary parties in
this action, whose interests would be
suffered in case the petition of the
complainant shall be granted: said per-
sons are intended buyers of lots in
the Kapiolani tract who had contracts
from the defendant, w. c. Achi, to
defendant says that their names We're
given to the petitioner, or his prede
cessor in Office" In order that these
persons may be made proper parties,
the defendant states. the names of be-
tween seventy and eighty of them, add
ing, land several others of whom the
petitioner knows their names" The
prayer of demurrer reads: Wherefore
this defendant requests on account of
said misjoinder of parties to dismiss
the bill with costs.''
AN ANCIENT CONTEST.
Clarissa Annoy Monsarrat and Eliza
beth Renjes. executives OF the will Of
Annederia Annoy Haalelea. enter a