The Hawaiian gazette., 1904-04-05
SATURDAYS COURT
DEVELOPMENTS

Appeal bonds have been filed In the
American Dry Goods Association and
the Lahainaluna contract cases, chat
are going up to the Supreme Court.
Judge De Bolt yesterday granted
clinton j. Hutchins until a. m. of
Wednesday next to file a new redelivery
bond on his appeal from the verdict for
plaintiff in the replevin suit of William
w. Bierce, Ltd, VS.. Clinton j. Hutchins,
trustee of the Kona Sugar Co. The
bond required is i'm the sum of $4,000.
Mr.. Hutchins tells in an affidavit of the
causes that have delayed his procuring
sureties-his arrival from San Fran
cisco only on March 80, the difficulty of
obtaining so large bond at short no.
tice-the original limit having expired
on March 81. the intervention of Good
Friday and the half holiday Saturday.
the inability of the Pacific surety Co.
to go on the bond as being already on
the bond of the plaintiff, etc. Mr..
Hutchins says further: THAT one of
the large business corporations of this
Territory is negotiating to take over
the properties purchased by him at the
receivers sale of the Kona Sugar Co.
but that such negotiations cannot be
completed until the 18th day of the
present month.
Castle & Wilmington, solicitors for re-
spondent stipulate that the complain
ant may have until April &c. that day
included, to file its brief on demurrer
to the complaint of Excelsior Lodge
No. /, l. O. O. F., against Honolulu
Rapid Transit and Land Co.
James E. Fullerton, who was charged
in the petition of Mrs. Cousins filed by
Castle & Wilmington with using for his
own benefit moneys of the Clench es-
tate, had in January last filed an aft
davit in the Land Registration Court
accusing w. X. Castle of obtaining a
deed to land in the Clench estate by
false and fraudulent representations
The specifications are in substance that
Castle made the two sons of the late
w. c. Clench believe that their father
left all his property to his wife by will,
that their mother was poor and needed
money and that if they would execute
certain deeds to her. so that she could
raise money without difficulty, he
would pay them each $3.50. 1t is fur
Their said that Castle, having obtain
ed the deeds for Mrs. Clench as her
attorney, procured from her deed of
the lanu IN question TO lQa Is. castle.
Mrs. Clench is represented as being, at
the time she made the deed, an elderly
woman, intirm, wholly ignorant of bust
ness methods or transactions, without
independent advice or counsel and con-
trolled by the influence of Castle as her
confidential attorney. There was an
other affidavit that Judge p. L. Weaver
as former law partner of Castle, was
disqualified to hear the case. Mrs. Ida
b. Castle obtained a title to property
in the Land Registration Court after
her petition was amended to leave out
the contested Clench land. Fullerton
now answers the petition of Mrs.
Cousins by stating that the reason he
has not, as administrator, settled the
Clench estate was because the real
property therein is held by the Castles
under the deeds already mentioned
which he claims are null and void.
The contest in the Land Registration
Court is for tie first time brought to
light by Fullerton's answer, Judge
Weaver having seen fit to keep it out
of the hands of reporters for the press.