The Hawaiian gazette., 1904-12-20
ONE DAY IN
THE COURTS
Many Cases Heard al
the Judiciary
House.
Accounts of the trustees of the estate


of Bernice Pauahi Bishop were ap-
proved by Judge Robinson on the re-
port of w. r. Sims, master. Receipts
amounted to s210, ,459.41 and payments
to $205. 1866. leaving cash on hand
1892. Sc. The estate has in operation
53S leases and 35 tenancies at will.
OF expenditures the three largest
items are s1O2, 2,540.97 for Kamehameha
schools, s22 ,O59.42 for taxes and $4,000
for repayment of loan from the Bank
of California. Putting the Bishop street
lot in presentable appearance cost the
estate $4,000. Among the remarks in the
report of the trustees the following APP
pears:
Forest reservation comprises $4,000
acres, which the trustees consider in
creasing without detriment to the reve-
nue. producing areas, to the material
advantage of the estate and the public
welfare"
: Qualification is expressed at the i'm
proved condition of Kamehameha
schoolHy with their enlarged scope of
industrial education.
AN ORAL DECISION.
Judge De Bolt, in the case appealed
from Honolulu District Court of w.
Wolters VS.. Moana Hotel Co., Ltd, gave
an oral decision awarding judgment to
plaintiff in the sum of $500, attorneys
fee and costs, thus affirming judgment
of the court below. Thayer & Hemen
way for plaintiff, Ashford for defend
ant.
JUDGMENT BY DEFAULT.
Judge Robinson has given judgment
that the bill for foreclosure of mort
gage brought by L. F. Alvarez against
Mary and Frank c. Bertelmann, James
E. Fullerton and Samuel Savidge, trus-
tee, be taken as confessed on account
of default of defendants to answer. The
property involved is the same as that
for which Fullerton's ejectment of Mrs.
Bertelmann led to his indictment by
the Grand Jury for malicious injury,
the matter ending in a nolle prosequi
asked by the Territory, when the de-
fendant insisted on immediate trial.
RAILROAD PLANT SUIT.
Judge De Bolt sustained the demur-
rer to complaint of William w. Bierce,
Ltd, VS.. c. ]. Hutchins, trustee, ct al,
allowing plaintiff five days to amend
complaint and defendants ten days
thereafter to answer. This is the suit
for recovery of value of railroad plant
sold to the Kona Sugar Co.
TRIAL DEFERRED.
Judge Robinson denied the motion
of plaintiff to set for hearing the eject
ment case of Joseph o. Carter VS.. Koo-
lau Kaikainahaole. Kinney, McClana-
han & Cooper for plaintiff, Ashford,
Highton and Dunno for defendants. The
court did not consider 1t expedient to
call a special jury for trying a single
case.
SUITS ENDED.
W. O. Smith ct al, trustees of Gear,
Lansing & Co, by their attorneys
Thayer & Hemenway, have filed dis
continuance of their assumpsit suit
against Emmett May for the sums of
$500, $3.50, $50 and $12O, with interest
costs, etc.
Bancroft-Whitney Co. VS.. Emmett
May has been discontinued by with
drawal of the plaintiffs appeal and
satisfaction of the judgment of Homo
lulu District Court against plaintiff for
costs. The suit was for s1S1.39.
THE GAY MINORS.
w. 0. Smith, guardian of the minor
children of the late James Gay, has
filed his annual reports with the fol-
lowing statements: Helen Gay-Re-
ceipts $2342.9S, payments S2343.76, due
guardian 7Sc. Frida Gay-Receipts
$S6l.45, payments $121.33, due guardian
S4O9.SS. Arthur Gay-Receipts $4O43. 10,
payments $3S97.22, due ward $645.9 Eric
Gay - Receipts s2111.14, payments
$l91s.S6, due ward $191.2S.
COURT NOTES.
Orders extending time for filing bills
OF exceptions were made by Judge De
Bolt in the cases, respectively. of Bank
Of Hawaii VS.. Kapiolani Estate and
Oriental Life Insurance Co. VS.. c.
Winam.
w. c. .Nihi for defendant filed a mo-
tion for aAnew trial Of Maleka Halle
les trover N'uit for the value of two
cattle againsA Frank Pahia, in which
Judge Robinson awarded plaintiff s100
damages.
Judge De Bolt appointed P. E. r.
Straucn as administrator OF the estate
of James S. Hilton under bond of 800,
on petition of Jennie Hilton. L. A.
Dickey for petitioner.
James Love, spendthrift, by his at
tcrney, Henry E. Highton, has sued out
a citation to his guardian, Henry Wat
erhouse Trust Co., to appear and show
cause why it should not pay him $4uU
OF his estates income. He alleges he
is Inundated by debts and wants the
money to pay them.
Judgment has been entered by Judge
Robinson in the suit of James Z. Full
lerton VS.. Kohala & Hilo Railroad Co.
against the defendant for $2454 debt
and costs of $91.25.
A bill to reform mortgage and fore-
close has been brought by H. Hack
field & Co., Ltd, VS.. Loo Chit Sam and
Loo Wong See. The mortgage Is for
$500 on two pieces of land at waialae-
Xxi Waikiki; of $40 acres and 10 square
chains respectively. and 10 paid-up
shares of Honolulu Investment Co.
Yam wo Tong's damage suit for
damages against Hoffschlaeger Co.,