The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-25
THE ISSUE
IMPORTANT
Decision May Be
Serious In It's
Effect.

Judge Robinson will render his de-
cision this morning on the important
question of a change of venue for the
Jones murder trial. Should the objec-
tions to the motion of the Territory for
a change of venue to Kauai prevail
upon the constitutional grounds pre-
scented, new situation in the criminal
Jurisprudence of the Hawaiian Islands
will be established which the Legisla-
ture is powerless to remedy.
THE TELEPHONE CASE.
Judge Gear yesterday partly heard
and continued the injunction suit of
Sidney M. Ballou VS.. Mutual Telephone
Co. officers of the company produced
the books of accounts with subscribers
as notified to do. Evidence was direct
ly conflicting between them and some
subscribers regarding the renting Of
desk telephones in dwellings,.
THE APPEAL CROP.
| More appeals to the April term of the
Circuit Court, First Circuit, came up
from the District Court of Honolulu
yesterday as follows: Frank j. Turk
VS.. Estrella ]. Turk, appeal of plaintiff
from judgment for defendant in suit
for replevin of one bay mare named
"wisteria," buggy, harness, lamp,
whip, lap robe and horse blanket, val
ued at $295; Territory VS.. Chew 1t, hard
labor 80 days and costs for possession
of lottery tickets; Territory VS.. All
Hung, same as preceding case.
COURT NOTES.
Plaintiff has filed a replication to the
answer of defendants in Camp VS..
Kentwell and Holt.
| Defendants in Schnack VS.. Mary j.
and Andres A. Montana demur to the
complaint, saying there is no proper
! allegation that plaintiff secured pur-
chaser for the land described, who
was able, ready and willing to pur-
chase said land at the price named"
| Plaintiffs in Lee Chu and c. X. All
vs. Isaac and Julia Noar file excep-
| tons to the answer of Isaac Noar in
portions and to the whole of the por-
ton designated as a cross complaint.
i j. Alfred Magoon denies every allega
ton in the amended complaint of Har-
vey Carpenter VS.. j. Alfred Magoon and
Thomas Fitch. This is the suit on a
check given by Magoon to Fitch for
$500, which failed to fetch the money
and which Fitch assigned to Carpenter.
| Charles Phillips was appointed by
Judge De Bolt as appraiser of the es
tate of Maria l.. Hoffman, on the APP
| plication of r. d. Mead for w. o.
Smith, executor.
| Defendant enters a general denial in
the assumpsit suit of John Charles
Johnston VS.. w. c. Achi.
CORPORATION LAW DECISION.
Judge Gear rendered a decision yes
terday Diminishing the bill in equity of
V. o. TeiXeira, a. j. Lopez, j. G. Per-
regil, Victorino Carreira and Manuel
Souza against the American Dry Goods
Association and L. B. Kerr G. Co., cor
porations, and l.. b. Kerr. Complain
ants, minority stockholders of the first
named corporation, alleged a conspira-
company and make their shares in it
valueless, for which they claimed dam
ages to the amount of $4,000, the par
value of all of their shares.
II. Il. Highton was attorney for
plaintiffs, and Henry e. Cooper, of
Kinney McClhnahan & Cooper, for
respondents. The hearing began on
March s and continued from time to
time until the complainants rested at
220 p. m. on the 21st inst, when Mr..
Cooper moved that the bill be dismissed
on the ground that material allega-
tions of the bill had not been support
ed by the evidence. Judge Gear, re-
viewing the evidence, finds the ground
well taken and, concluding his decision,
says:
CASE NOT MADE OUT.
1T devolves upon the plaintiffs to
prove their case and defendants can
not be asked to put on any defense I'M
til a case is made out by the plain
tiffs which would warrant a judgment
in their behalf If the defendants failed
to put in any evidence. / find that no
such case has been made out, and that
there is no evidence In plaintiffs case
showing, or tending to show, fraud,
uH-
fair bargins made by the defendants,
or either of them.
In justice to the defendants, 1t seems
to me proper to add that l find moth
ing in the evidence inconsistent with
fair and honorable dealings on their
part in the matters in issue in this
case, and / must therefore order the
bin dismissed, with costs taxed against !
plaintiff. A decree will be signed in
accordance herewith"
PORTUGUESE ENTERPRISE.
Facts in the case are to some ex-
tent interesting. They show an enter
prising venture OF Portuguese residents |
in the dry goods business which unhap-
PLY failed The American Dry Goods |
Association, Ltd, was organized by
Portuguese subscribers 10 It's shares.
and the original intention was "a keep