The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-08
HAS ONLY
ONE NAME
Young Nap Is Not
Young Hop
Chan.

In the assumpsit suit of Hoffschlae-
ger Company Ltd, VS.. Young HoI
Chan, alias Young Nap, a plea In
abatement has been filed by C. w
Ashford, attorney for Young Nap. II
is not often Chinese resident of these
careless isles objects to being called by
an alternative name, but Young Nap
emphatically does so in this wise
And now comes Young Nap in obe-
dience to the command of the sum-
mons issued and served upon him in
this cause, by c. w. Ashford his at
to be abated, and that the said plain
tiff ought not to be answered to his
declaration herein, because he says
that the said plaintiff hath sued this
defendant herein by the name of
Young Hop Chan, alias Young Nap;
whereas, in truth and in fact, this de-
PENDANT is named and his name hath
ever been Young Nap, and his name
hath never been Young Hop Chan, and
he hath never been known by or under
the name of Young Hop Chan, or by
any other name than the name of
Young Nap.
Wherefore, inasmuch as he, the
said Young Nap is not sued and is not
summoned in said action by and under
his true name, but is sued and Is sum-
moned by and under false and for
eign name, he prays judgment of the
said declaration and that the same be
quashed; and he prays judgment, If
the said plaintiff ought to be answer
ed to his declaration aforesaid"
Chang Kim testifes to intimate ac-
quaintance with Young Nap for more
than fifteen years past, deposing that
he knows that Young Nap has had
and now has only one name, and that
Young Nap has never had or borne or
been known by the name of Young
Hop Chan. He further says Young
Nap departed from the Territory of
Hawaii on a visit to the Empire of
China on or about June 30, 1904, and
deponent as his attorney in fact make.
his verificaaion of the plea in abate-
ment on behalf of Young Nap
young Nap plenty smart" would
be an apt remark about him in pigeon
English. For some years before an
nexation he was Chinese clerk in the
United States Consulate. He also kept
cigar stand near the southeast cor
ner of King and Bethel streets for
some time before going to Maui, where
his business ventures seem to have
landed him in all sorts of trouble. His
creditors led by the plaintiff in the
present case tried to put him in bank
for the purpose to
snatch him with his wife, children and
much personal effects from aboard a
steamship few minutes before she
cast loose for China-but Federal Judge
Dole found Young Nap was a farming
man and hence not eligible for bank
ruptcy. Young Nap is Chinese who
would be noticed in any crowd of his
countrymen. His eyes are particular
ly large and prominent, rowing swift
ly taking in everything within range
like searchlights, and, well matched
with other features of the moon-faced
type, give an impression of more than
average intelligence.
DEFAULT CONTESTED.
M. F, Prosser, Assistant Attorney
General, has filed a motion to strike
from the files the demurrer of John f.
Colburn in the action upon the con-
tract of c. S. Holloway, Superintend-
ent of Public Works, against Edward
Vivian Richardson, former clerk of
water works, and the sureties on his
official bond. The reason for the mo-
ton Is that the demurrer was not filed
within twenty days after the date of
service of process upon defendant Col
burn. in
c. w. Ashford, attorney for Colburn,
hled motion yesterday to open and
set aside the default entered against
his client, for the reasons that a de-
murrer was on file ever since June 80
and that the certificate of the clerk,
on which default was based. was not
such one as to warrant the entry of
default.
DIVORCE.
Judge y ,blnson granted divorce to
Emelia n. Ernstberger against Louis
on the grounds of habit
ual drunkenness and extreme cruelty. |
Custody OF the four children was a
warded TO the libellant who was rep
by Il, A, Douthitt. The libel |
lee made no answer To the summons
nor appearance Ia court.
Holmes & Stanley, attorneys for the |
llbellant In the divorce case OF Fred |
eriek w Mage vs., Mary Mage have |
filed lnlerr0gatories, direct aud cross, |
IN be used by the commissioner 10 take |
testimony in san Francisco,
VARIOUS AATpERs,
= oehial, administrator of the sslals
" AekuiiFo RakuFasaaa has nlsl his |
Hnal afeaunl Nth psllllan faF de.
ehaFgf ~ ehalHss hlmssif Nllh d. |
HaI 81 al ashz ~ ~ allaas1 Iala 81 /