The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-27
PAUOA LAND
FORECLOSURE
No Jury In Sight
For Murder
Trial.

D
known as sister Albertina, trustee for
Stella Keomailani Cockett, has brought
| "A bill for foreclosure Of mortgage
against David Knwanlnakoa, Jonah
/ Kalanianaole. Abigail W Kawanana-
Koa, Elizabeth X. Kalanianaole. the
German Savings d Loan Society of san
/ Francisco and the Territory Of Hawaii.
| The trust deed OF Stella X. Cockett
was executed october 10. 1899, making
Stella Albertina, OF the Episcopal Sis
terhood, the trustee OF her estate.
The property In question is situated
In Pauoa valley and contains over
seven acres. 1t was conveyed on May
s, 1902, by Sister Albertina as trustee
to David Kawananakoa and Jonah
Kalanianaole for $4,000. q mortgage
being given for the purchase price. a
note was executed at the same time
for the amount, payable one year after
date, with interest at per cent per
annum. Interest has not been paid
since June s. 1903, hence the petition
for foreclosure.
! Kawananakoa and Kalanianaole sold
a piece of the land to Samuel NJ. Da-
mon, who in turn sold a strip of his
purchase to the Territory of Hawaii,
by way of exchange, for road widening
/ purposes. a warranty deed was given
to the Territory.
The German Savings & Loan Society
of San Francisco is made defendant
to the suit owing to it's holding a
blanket mortgage upon the property of
kawananakoa and Kalantanaole.
r. a. Douthitt is attorney for the
| plaintiff
JURORS STILL LACKING.
Out of the venire of SO names for
jurors from which to empanel twelve
men for Hayashida's trial on indct-
ment for murder in the first degree 20
men We're served and answered to the
roll call before Judge Gear yesterday
morning. Then a wedding out of the
unqualified and exempt took place, to-
Sether with further depletion of the
panel by excuses granted on more or
less reasonable grounds A few chal-
lenges for cause on the voir dire ex-
animation dissolved the remnant of the
panel and at noon another special
venture of 36 names was issued.
! OTHER CRIMINAL CASES
Judge Gear further continued for one
day the sentence Of Dan Kamai Ka-
hill, found guilty of assault and bat
terry under indictment of manslaughter.
Attorney Biting filed motions to
quash two indictments of Japanese for
gambling.
Sentence was suspended, on motion
of Attorney S. +. Chillingworth with
| consent of Deputy Attorney General
| Prosser, in the case of a Japanese
woman who pleaded guilty to selling
liquor without a license.
TAX CASE DEMURRERS.
The German Savings & Loan Society
of San Francisco and James f. Nor
gan, trustee, by Smith & Lewis, attor-
neys, have each filed a demurrer to the
bill to enforce a tax lien brought by
James l.. Holt, assessor and collector,
against w. c. Achi, Kapiolani Estate,
Ltd, and themselves. They allege that
the plaintiff has not shown his author
| ity to sue, and that the bill shows on
its face it was brought by A. w.
Nicely. They also say that IA prior
| judgment by Hollis predecessor, James
w. Pratt making the matter res adj
judicata. 1t is alleged that there is a
misjoinder of parties, because the bill
omits to mention the purchasers of lots
in the property assessed. Plaintiff had
not shown that the delinquent tax list
was published in 1902 or 1903 according
to law. Neither had 1t been shown that
w. c. Achi was destitute of property
on which to levy for the payment OF
taxes. For these and other reasons
given they ask that the complaint be
dismissed.
THE HEATING PARTITION.
Mrs. Frances Heating has amended
her petition for title to Nuuanu val
ley property in accordance with the
partition of her late husband estate
just made by the probate court. one
of the two surviving brothers of her
husband living in California released
his claim in her favor. but James keat-
ing, the other one, living in Wisconsin,
held on TO all the law allowed him and
the Nuuhnu property was divided be-
tween him and the widow. Mrs. Keat-
ing has appointed John j. Garden her
agent To represent her in the Court OF
Land Registration proceedings.
Judge l.. NJ Suuthworth of Manila. a