The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-27

boy replied that he was all right, as
there was room enough for one horse
on the Eva side.
The car was first observed approach
ing them from the rear at a distance
of about fifty yards. Witness testified
that the notorman did not put on
brakes or check the speed of the car as
it came on. The boy Ferrefra's horse
had taken fright at the car and was
running away with a siding pace. 1t
got upon the track and was struck by
the car The boy was thrown in front
of the car and his horse ran away Not
until the horse was struck, the witness
testified, did the motorman put on
brakes. When the car was stopped the
dead body of the boy was found UNDER
meath the ear midway between the
front and rear wheels. From the place
where the horse was struck to that
where the car stopped witness said the
distance was the same as between two
trolley poles.
The old man did not wait to see all
that was done. Il felt sad" he said as
reason for leaving: because / was fond
of the boy" There was no doctor on
the spot while witness was there.
A good deal of discussion between
counsel took place over evidence of
Richard as to the cars speed. In for
mer days, as his title suggested, he was
an fnter-island skipper. He said he
could hardly compare the car to sail
ing vessel by way of getting at an
estimate. as sometimes there was no
wind for the vessel and she did not
make so many knots then. Asked if he
was familiar with the speed of electric |
cars. his answers revealed that he had |
never ridden upon one. Horseback was
always his preference for land travel. |
At length the court allowed him to |
make an estimate on the basis of a |
horses speed. He believed if he made |
his horse gallop hard he could do |
twenty miles an hour in the saddle. |
From that he judged that the car. when |
it struck young Ferreira's horse. was |
going faster than he could make his /
horse go, hence it was u1ore than TWEEN /
ty miles an hour.
DR.. j. T.. Mcdonald, who conducted |
the post norton examination, testified |
as to the cause of young Ferreira's /
death. giving a technical description of /
the fatal injuries.
INHERITANCE PAID OVER. /
j. o. Carter, guardian of Charles
Mark Hardee, minor, has filed a settle /
ment of accounts and receipt with a
petition for discharge. The minor came
Of age on March 10, 1904. His share
under the will, of his father, less legal
charges, was $4373.44 and this has been
paid over to him by the guardian in |
$500 of Waialua bonds and $S73-44 cash.
Mr.. Carter was appointed guardian of
the Hardee minors on November %
1889.
DIVORCES GRANTED.
Judge De Bolt granted divorce to
Hiram Kolomoku against his wife Mary I
Ann Koiomoku on the ground of her
alleged In the libel. e. A.
Doutbitt appeared for the libellant, and |
Robertson & Wilder for the libellee.
After the libellant had rested, Mr.. Rob
srtson asked that the custody of the
child, a girl three years old,
De awarded TO the libeilee notwith-
standing the allegations of the libel
rhe libellant offered no objections and
he court, in giving Judgment, award
ID the custody of the other children,
numbering five, to the father and that
If the youngest child to the mother.
Judge De Bolt granted a divorce to
Arcenia de F. Souza against Jose de
souza on the ground of habitual drunk
.nness-
WANTS HIS MONEY
w. A. WALL commissioner in the par
ition suit of NJ. r. Scott VS.. Pilipo ct
IL, by his attorneys. Castle & With
ngton, has filed a motion for order of
payment of the several accounts and
,ills filed in the case for work, labor {
md services in connection with the {
PARTITION and moneys actually paid out !
n such behalf. There is a total of
SOB for sundry purposes and bill of
$50 from Castle & wilmington for ]
earching title.
DEMURRER TO INJUNCTION.
M. F. Prosser, Assistant Attorney !
ieneral, has fled demurrer to the bill !
or injunction of John Lucas against ;
American Engineering &
construction Co. and c. S. Holloway,
of Public Works. 1t :
oints out alleged flaws in the com
laint and prays that respondent Hol- :
,way be dismissed from court with his
osts. :
DEATH OF HEIR.
Edmund H. Hart, guardian of the es- q
ate of observation-disclosures | {
las Hawaiian Mahuka, minor, sug-
ests to the court the death of the
iinor and discontinues his petition for f
cense to sell the minors real estate. F