The Hawaiian gazette., 1904-02-12
WIFE-BEATER
CONVICTED
Damages Against
AChi in Land
Deal.

terry on his wife. Deputy Attorney
General z. c. Peters prosecuted, and
j. l.. Kaulukou defended the accused.
The following jurors sat on the case:
E. r. Bivens, John c. Lane, w. L.
Fletcher, H. A. Parmelee, William
Dunbar, H. c. Brown, John Coffee,
Clarence H. Cooke, ]. F. Soper, Sam.
M. Kamakau, J. c. Cohen and Willard
e. Brown. At 4 D. m. they returned a
verdict of guilty. Mr.. Kaulukou noted
exceptions with notice of motion for a
new trial. Judge Robinson set 10
! o'clock this morning for sentence. At
the request of, Mr.. Peters the court
made the bond for appearance $3.50.
NEXT CRIMINAL TRIALS.
The following criminal cases will be
tried In their order, beginning at 10
o'clock this morning, before Judge Rob-
inson:
Matsumoto, assault with weapon;
,, Kamoa, lewd and lascivious behavior;
kondo, assault with dangerous weap-
on; Lai Sun, maintaining a lottery
scheme.
The following new Jurors appeared
before Judge Robinson yesterday under
special venire: ]. F. Soper, H. A.
Parmelee, Jos. F. Clyne, Samuel Now
lein, Clarence H. Cooke and John Cof-
fee.
DAMAGES AGAINST ACHI.
Enoch Johnsons suit against w. c.
Achi, his former partner went to the
jury In Judge De Bolts court shortly
after II o'clock yesterday morning.
They returned inside of fifteen minutes
with verdict for the plaintiff of $4,000
damages with interest added, making
S2495. Mr.. Achi noted exceptions to the
verdict, as well as the judges instruc-
, tons to the jury, and gave notice of
motion for new trial.
The suit was brought on a covenant
I In deed from Achi to Johnson, of a
lot of land containing 14,24S square feet
IN which the grantor gave assurance
among other things, that the said piece
or parcel of land was clear and free of
all membranes" The date of the
deed was December 26, 1900, yet the
land was under a mortgage from Achi
to Z. NJ. Cooke dated December is, 1899
This mortgage was duly foreclosed
Achi failing to obtain it's release, and
the land sold to Charles NJ. Cooke, Ltd,
who forthwith evicted Johnson there
from.
Mr. Achi, at the opening of the trial
on Monday, asked leave to file an addi-
tional answer reciting setoff to the
plaintiHs claim, in the shape of an al
legged partnership debt due him from
Johnson Amounting to $4,000. Judge De
Bolt denied the request. He informed
Mr. Achi that certain rules existed
which were the growth of one thousand
or hfteen hundred years and could not
be set aside at the request of any in
dividual. Perhaps some of those rules
We're wrong, but they should stand I'M
til changed by law.
1t came out in the trial that the con-
sideration paid by Mr.. johnson for the
land was $4,000 instead of $500 as alleg-
ed in the complaint.
PETTY CASE TRIED.
Washington Mercantile Co., Ltd, vs.
Antoine Lopez, assumpsit, was tried
yesterday afternoon before Judge De
Bolt. Thayer & Hemenway for plain
tiff, H. Hogan and C. C. Biting for
defendant The first twelve men
drawn were found satisfactory as n
jury to try the case, viz: John Kid
well, Geo. Dillingham;, Starr Kapu.
Charles r. Collins, c. H. Clapp, C. ].
Ludwigsen, John Andrews, Charles
kapule, Edmund Norrie, Henry Cook,
Joseph Andrade and S. X. Aki. The
claim was for $40, on account of mer-
chandise. A counter claim of $50 was
put In. representing the value of a
morse alleged to have been sold to the
PlaintiH. The case came up from the
Honolulu District Court on appeal.
After an absence of ten minutes the
jury at 4:26 returned verdict for the
DEFENDANT. Mr.. Thayer noted an excep-
tion with notice of motion for a new
trial.
NEXT CIVIL TRIALS.
Cases set for trial in their order, be-
ginning at 10 o'clock this morning, be-
1ore Judge De Bolt, are the follow
ing:
II. F. Wichman & Co., Ltd, VS.. ]. X.
oriental Life Insurance Co., Ltd, VS..
C. Winam.
Wing Wo Lung Co., Ltd, VS.. ing
Chew.
t, s. Kay VS.. Orpheum Co., Ltd.
Fanny Love, Administrative, vs. u. C.
Copeland.
COURT NOTES.
Inc seventh day of trial has been
passed In the case of Capital Building
Co. VS.. Henry Waterhouse & Co., before
Judge Gear, and the plaintiff has not
yet rested.
Attorney Ball has filed demand on
the Campbell Estate people for specif-
cations of their allegations in demur-
rer.
II. Mkt, administrator of the estate
Of Kuabara Minekichi, alias Kuabara
Minesuke, deceased, has filed an inven-
tory. 1t shows balance of $4l6.5O be-
longing to the estate after paying the
expenses OF administration.
Geo. A. Davis yesterday filed an an
'wer in the Federal Court to the petit
tion OF the District Attorney for his