The Hawaiian gazette., 1904-10-04

late husband. 6. uerss. and herself dis
tpssi q several years aHo rhief iWs.
tite ffetr. On consultation with Justices
HaftWei aud Hatch. Informed The com.
rlainant that her petition Was denied,
thr court nndinR II Was without iufiH-
dirtiuu
che complainant disputed the fnding
of the court and began agaln IT, argue
when the Chlcf Justice Informed her
that the court had given her . fun
hearing and she could not be heard
further
Justice Hariweil, M the complainant
went on talking. said Mrs Gertz--
The court has extended privilege to
YOU which IL would not allow TO amy
lawyer or any Official, from the Cow
ernor down. Your petition has been
carefully read by the court aud con-
sidered. but We can find nothing In the
books where writ of mandamus has
been granted In case such as yours.
chief Justice Frear checked an at
tempt OF Mrs. Gertz to reply to the
court by again informing her that her
petition had been heard and denied,
therefore she ought now to sit down.
Mrs. Gertz turned from the bench,
depressing further speech with ,visi-
BILE effort. and gathering her papers
and purse from a table left the court
room. Before going out, she turned
near the door as the voices of attorneys
were heard in the next case and seemed
about to give a parting address to the
court, but seeing the courts attention
absorbed with other than her affairs she
gave one despairing look toward the
bench and disappeared.
KONA CASE REoPENED.
The suit for possession of the Kona
Sugar Co.'S mill properly is again open.
Judge Edings gave judgment for the
Kapiolani Estate, Ltd, against c. ].
Hutchins, trustee. which the Supreme
Court set aside, remanding the case to
the Third Circuit Court. Judge Mat
thewman, Edings' successor has grant
ed a new trial of the case.
WILLS PROBATED.
Judge De Bolt admitted the will of
Maria Faustina Fernandez to probate
and appointed Manuel Fernandez ad-
ministrator under bond of s62O0
Dllltil LEWIS LOT pttltloeT.
Judge De Bolt admitted the will of
Hoopii Silva to probate and appointed
w. o. Emith as executor under bond
of $780, Smith & Lewis and L. ]. War
rem appeared for petitioner.
JOHNSTON'S COMPENSATION.
In the case of Harry j. Johnston VS..
Lee TOma G. Co., Ltd, the jury before
Judge Robinson found for the plaintiff
in the sum of thirty-five hundred and
seventy-five dollars (S3575). The claim
was for S5957.02, being one-third of du-
ties saved on Manila cigars for defend
ant by plaintiff as a custom house
broker.
COURT NOTES.
John Naauao Makaiwa, a minor has
filed petition in the Court of Land
Registration for a title to lot at Ka
akopua, Honolulu, containing GAO
square feet. The petition has been re-
ferred to j. NJ. Monsarrat, examiner
of titles.
The First National Bank of Hawaii
is suing H. a. Heen and the Oriental
Insurance Co. on a promissory note by
Heen to defendant compay for $1,000
with interest at per cent. from No
vember l, 1902, which note was assign
ed to the plaintiff.
Hoffschlaeger & Co., Ltd, VS.. S. Tato,
and Hama Plantation Co. is
1t was a suit on a judg-
ment by District Magistrate ]. X. Ha-
nuna of Hama, Maui, in favor of plain |
tiff for $3.50.
Judge Robinson vacated the judgment |
and granted the motion of plaintiff for |
a new trial in the case of H. G. Mid |
dleditch, trustee, VS.. ]. Kalanianaole.
Chan Woot VS.. Wong Kwai ct AL |
has been discontinued. 1t was defend |
ants appeal from judgment for plaintiff !
in the sum of S54.73 in the District |
Court