The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-02-09

tlat the jury ulu not intend 10 aCQult
the defendant of all wrongful acts in
the premises. Furthermore, we must
apply to the words and language of
laymen the meaning and sense in
which laymen use them. A layman.
probably. would not conceive of malice
ASSOCIATED from some mental opera
ton. Hence, it is reasonable to con-
clude that the jury In this case had in
mind malice in fact and not malice in
law. 1t cannot be presumed that a
jury intended n contradiction or an
inconsistency, and 1t is the duty of a
court SO to construe verdict, If pos
sible, that 1t may stand rather than
to hold it imperative"
C. w. Ashford and C. A. Long for
plaintiff; I. McCants Stewart for de-
PENDANT.
NOTED CAMPBELL CASE.
The executors, trustees and heirs of
the late James Campbell, by their at
torneys, Robertson & Wilder, have
filed a demurrer to the amended COM
plant of Madame Kailua against
themselves and Others They set forth
that plaintiff has not stated such
cause as entitled her to any such dis
covery or relief as prayed for against
these defendants. Jurisdiction of the
court is denied and these defendants
are alleged to have been improperly
made defendants in the suit. 1t Is
held that the bill is multifarious in
being exhibited against these defend
ants and the several other defendants
therein named for distinct matters and
causes. Finally, it is claimed that it
appears by the amended petition that
plaintiff Is and should be barred from
bringing or maintaining said suit by
reason of laches in instituting it.
This is the suit in which an aged
native woman complains that she was
induced by fraud and force to deed
land at King and Kapiolani streets
which has since been subdivided and
sold to various parties, to James
Campbell in his lifetime.
HUSBANDS LEGACY.
NJ. w. Tschudi petitions for probate
of the will of his deceased wife, Jennie
Blatchford Tschudi, who died at Ho-
nolulu on June "a, 1903. The heirs at |
law are the father of decedent, w. p, |
Quincy, Illinois, and her |
brother, II. ID. Williamson, Santee, !
Cal, and the petitioner is banned in
the will as legatee and executor. A
half interest in life insurance policy
the estate, being valued at
s25OO.
Judge De Bolt approved the different
accounts of w. o. Smith, as trustee
under the will of Achi X. Ahau, de-
leased, and trustee for Achi X. Ahau,
l minor
PARTITION GRANTED.
After a hearing that lasted for sew
,ral days, Judge Robinson granted the
prayer of the bill for partition brought
oy ], A. Magoon against Kalei and
others. 1t relates to property at Wal
III. Eva, Oahu. Magoon and Light
DOT appeared for petitioner; Andrade
or respondent Kalei.
ON COURT FILES.
Jack Morgan by his attorneys,
Creighton and Correa, has filed mo-
ion for Il new trial on the ground that
he verdict of the jury conyicting him
vas contrary to the law and the evil
lence, as well as the weight of evil
ence.
Still another stipulation has been
lied In the suit of S. NJ. Ballou against
futual Telephone Co., this one giving
defendant ten days more from yester-
lay to answer the complaint or take
uch other steps as 1t may deem adj
isable.
Judge De Bolt signed a decree of
PARTITION In the suit of Kapiolani Es-
ate, Ltd, VS.. Rull Kinney and p
Ielemano. Tt relates to property in
Vaialua district.