The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-30

ineligible from the fact that there Is
no japanese equivalent for the word
subpoena
The discussion turned into a direct
colloquy between Judge Gear and Mr.
Doyle, the latter winding up with the
ultimatu1n, "If you are satisfied with
the Interpretation 1 will quit
Mr. Cathcart withdrew the question
and instead of it asked, Were you
called out of Jail to testify for the
Government Witness answered he
was and that he had been in the jail
since the trouble.
| 1t is hoped that the trial will be con-
Guided today.
| UNFORTUNATE CLAIMANT
Mrs. Anna Gertz, in her own behalf
and as executrix of the will of Chris
tan Gertz, deceased, has filed mo-
ton in the Supreme Court to advance
| her petition for writs of mandamus in
the Gertz mortgage matter to the head
of the october term calendar. Her rea-
son is that the first cause noted in the
newspapers to be taken up is that OF
appointment of trustee for the Ban
ming estate, and that her petition has
to do with the Banning estate under
what she says is the Illegal trusteeship
of T. Alfred Magoon- If it may be
shown that the principal in the Ban
ming estate cannot be touched, then
sufficient interest win be in the probate
court coming to Banning to settle dam
ages and waste committed in the Gertz
mortgage matter.
1t is set forth that w. o. Smith and
Holmes & Stanley, declared in the petit
ton to hold property Illegally, ought
to join in the prayer 70 have the Gertz
mortgage matter examined before a
trustee is appointed to the Banning
estate.
Mrs. Gertz says in her writing that
not one such an important cause is
| on the calendar, where a family has
| been robbed of all their earnings and
| widow, first as wife, struggling for
the return of the property, unable to
secure an attorney to act honestly, ev-
| cry one had another excuse, commence
| ing by'-here the complainant names
sixteen lawyers, one of whom is now
a Judge, whom she retained or con-
suited at various times from the year
1895 onward. Some of them We're paid
retaining fees but none did anything
according to the document, but de
ceive.'' In this list" it is further stat
ed, ARE not included officials, who did
also deceive.
Complainant relates her payment of
costs in different proceedings and con-
cludes thus:
TT may appear to this honorable Su-
preme Court that conspiracy existed,
and movant believes herself entitled to
be heard first, instead of the appoint
ment of trustee for Banning's estate.
MOTION FOR NEW TRIAL.
H. G.. Middleditch, trustee in bank
ruptcy of Chas F. Herrick Carriage
Co., has fled a motion for a new trial
of his case against j. Kalanianaole,
saying that the decision and judgment
in favor of defendant were contrary. to
the law and the evidence, and that
since the trial newly discovered and
material evidence has become available
in that w. 7. Rawlins, referee in bank
ruptcy in the u. S. District Court, will
testify to plaintiffs regular election as
trustee of the Herrick corporation in
bankruptcy.
CAPTAIN CAMERON'S WILL.
Mrs. Agnes Cameron has filed petit
ton for probate of the will OF her late
husband, Captain Edward f. Cameron,
whose estate as mentioned in the petit
ton, consists of a life insurance policy
for $1,000, a policy insuring burial ex-
penses in the Mutual Life Insurance
Association of Masters and Pilots OF
Steam Vessels, and personal effects TO
the value of $3.50.
The will was executed on May 10. 1904,
in presence of T. H. Hughes and j. r.
Macaulay. To his wife the testator
devises and bequeaths the insurance
policies mentioned above, also the house
nd "a
burial lot in Nuuanu cemetery. His
steDdaughters, Lulu and Clara Came
ron, are bequeathed his gold chain to
be converted into two gold bracelets
to be worn by them in remembrance
of him. Willie Cameron receives his
gold watch and Gordon Cameron five
dollars.
PACIFIC HEIGHTS RAILWAY.
In the matter of foreclosure of trust
deed brought by w. o. Smith, trustee,
against the Pacific Heights Electric
Railway Co., Ltd, and others, Sister
Albertina, as trustee for Stella K.
Cockett, answers as one of the respond
ents for herself. She denies various
allegations and prays that it may be
decreed that she is the owner of the
rails, overhead wire or cable and wire
Hangers d1leSGO Oy nCI " We uPOli liz
lands owned by herself. Her claim thus
set up covers lat feet of the Pacific
Heights railway.
THE HAMA LITIGATION.
In the case of Sigmund Greenebaum
and Charles Aitschul, trustees, against
the Hama Plantation Co, NJ. $ Grin
baum & Co., Ltd, and Union Trust Co.
of San Francisco, the Grinbaum COM
pany by its attorney, W. Austin Whit
ing, enters a joinder in the demurrer
of the Hama company to its answer
and cross bill, saying it will maintain
its answer and cross bill as good and
sufficient in law, fact and equity. Mr..
Whiting enters his appearance as at
torney for the Union Trust Co.
COURT NOTES.
The trial of Frank ]. Turks suit
against Estrella Turk for replevin of
horse, buggy and harness was begun