The Hawaiian gazette., 1904-07-29
HER HEAD
OUT OF GEAR
Fate of Christian
Is In Courts
Hands.
cFrom Thursdays Advertiser)

Judge Gear took under advisement
the marriage annulment case of Annie
X. .Kentwell, as next friend of the wife,
against Albert Christian, the husband
defending at sos yesterday afternoon.
Answering question he stated that
he would not require briefs, having
noted the various authorities cited by
counsel.
Rebuttal evidence by the complain
ant was concluded and both sides had
closed their cases a few minutes after
u o'clock noon. 1t was stated by the
court that complainant had the privi-
lego of opening and closing.
C. C. Biting began argument for
complainant at 2 p. m. and it was just
o'clock when NJ. w. Milverton con-
cluded his address for respondent. Mr..
Biting asked if he might have half
an hour in the morning to reply. as
it was then an hour after the usual
time Of adjournment Judge Gear was
disinclined to allow so much time and
then Mr.. Biting took about three min
utes to say what he wished.
In his opening Mr.. Biting tainted
the respondent with not having put
Mrs. Christian on the stand, where
peradventure she might have proved
the claim Of the Christians that she
was intelligent. Mr.. Milverton, an
swering this point, said that the wo-
man was under charge and control of
the Kentwells throughout the trial
and, If they deemed her appearance on
the stand important, they might have
called her themselves. Mr.. Biting In
reply had only to say that Mrs. Chris
tian was available as a witness all the
time for the other side, and it would
be stultifying to the complaining side
to place on the stand person whom
it alleged was a mental imbecile.
YESTERDAYS EVIDENCE.
Mrs. Kentwell was the last witness.
She wanted to give her evidence in
her own way, and Judge Gear allowed
her to run on in the face of several
motions to strike out answers as not
rebuttal," or 'immaterial," or mot
responsive to the question" At the
end most of her evidence was stricken
out and that by consent of her attor-
ney. What remained had reference to
Mamie Christians statements at the
house of witnesse to the effect that
Lizzie Hole was like an animal and
a beast" and that she could not sew
with any skill, and that she spoiled a
sack she tried to darn by sewing the
hole uD in a knot.
Mrs. Holt, mother of the PLAINTIFF,
gave evidence of the same talk of Miss
Christian in Hawaiian. In the absence
of the official interpreter, Isaac Sher-
wood was called in to act in that cap
acity. Under ss-eXamination the
witness said the conversation was in
English and she having caught the
word beast" asked for an explanation
in Hawaiian, when the remarks of Miss
Christian We're explained to her by one
of the women in Hawaiian. She I'M
derstood some English but could not
converse in it. The court joined in
general smile at the Interpretation of
one of Miss Christians alleged re-
which was that Lizzie's head
was out of gear"
Sister Albertina of st. Andrews
Priory EpiscopaD testified in the
as to Eliza Hollis mentality
while pupil at that institution. She
said the girl could not write and that
it was found impossible to teach her
music. Witness told of visit Mrs.
Christian paid to the Priory the pre-
vious day. On this occasion she heard
her say nothing about the case in
court. AS she showed the girls her
clothes she asked Don't you think
I'm awfully pretty?"
Mrs. Christians father was another
witness called to rebut Miss Chris
tian's testimony that he had con-
versed with Albert Christian about the
six months before the we'd
ding. Hollis evidence was to the eff
feet that Christian, eight months be-
fore the event, had asked his consent
to the marriage and his reply was that
Eliza was under guardianship and the
guardian would have to be consulted.
CORPORATION LAW TEST.
An answer and a demurrer have been
filed by the Pacific Hardware and
Steel Co. TO the complaint of the Ter
ritory of Hawaii for an injunction
against its continuing TO do business in
Hawaii. The defense set up is the
same as that previously reported in
with the company's motion
10 dissolve the temporary injunction
which Judge Gear denied. the main
point being that 1t Is not a corporation
subject TO the Territory's law under
which the suit Il brought In the de-
murrer the courts jurisdiction Is de-
MED, Holmes A stanley have been ass
soolatrd win Castle a Wilmington Tor
tho defense,
FORECLOSURE DECREE
Judge ilear yesterday Hlgnal
decree 81 foreclosure Va lhe suii ~ rhs
fHal American SAYINGS ani Trust Go
of Hawaii. la Ne MARY lanr Nom
ianp AAd A A Apnlapn a. o.
alunIlnu 4. aIUnluteI I4luIulaaiuuuf IN