The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-18

| trust deed of Rita c. TewksEufy was
| to the late Paul Neumann and George
! A Davis, under date of June 8 1900
| Davis. as surviving trustee, on March
Il 1904. filed one equity suit containing
| his account. and another with a state
ment OF his doings as trustee and a
Draver for discharge. Besides paying
| Rita c. Tewksbury sums amounting TO
! SLABS. 81, he had a house erected for her,
costing about fifteen hundred dollars, -
on land conveyed by the trust deed.
The account shows a balance of $1,000
/ belonging TO the trust, which the trus-
fee REPORTS as deposited in Bishop &
| Cos bank.
He also prays that Lillian Tewks-
bury. who he says lis now of full age,
| is a bright and intelligent young lady,
may be appointed trustee in his place.
Rita c. Tewksbury, whose property
forms the trust, lis a woman of about
forty years of age and suffers frequent
w from temporary fits of insanity the
trustee says, adding that she had fire.
oueutly told him that when her daugh-
ter Lillian came of the age Of eighteen
wears she would like her to accept the
position of trustee.
Flora Tewksbury, the remaining one
interested in the trust, lis a young
child of the age of twelve years. as
the trustee says.
Mr.. Davis appended a form of order
appointing Lillian Tewksbury and NJ.
T. Simonton, clerk of The court, as
guardians ad Item of Flora Tewksbury
and Rita c. Tewksbury, respectively.
Judge Robinson signed the order.
Hence Mr.. Simonton's authority in pre-
ferring objections to the account of Mr..
Davis.
Mr.. Davis paid himself, according to
his account. $125 for services in court
as atty in partition suit two days and
other services in suit Cunha ct al. VS..
Tewksbury exceptions to masters rept.
before appmt. as trustee"
The objection to the form of vouch-
ers made by Mr.. Simonton is because
they consist of checks, therefore do
not identify the objects of expenditure.
While in the suit for discharge, the
trustee says he had house built at a
cost of about fifteen hundred dollars"
the account in the other suit does not
contain more than $1,000. There is an
item of cash $5vv paid to Oahu Lumber
& Building Co. on Sept IL. 1901, ION
account house. construction and mate
rlalS. announcer 10 Tie saint COnCSIn Oil
Feb. s, 1902, ION order R. c. T. bal. con-
tract price for house Punchbowl,' $500,
and an item of $50 for insurance on
Feb. 5. 1902. There is an item of $500
paid to Mrs Tewksbury on April 5,
1902 without mention of what it was
for. 1t is wedged between items of
dates Feb. 5. 1902, and Feb. s, 1902, the
insurance and the house balance"
items respectively. Investigation, how
ever. shows that the odd voucher COW
ers plumbing and other bills for the
house building which would bring the
cost up to about $500. This was really
the balance item and not the other.
Dates are mixed throughout the ac-
count, such as one of the year 1908 pre-
ceding one of 1902 in direct sequence,
and an item of 1901 following items of
1902 and 1903.
Judge Robinson will give a hearing
to the objections tomorrow.
SOME PROGRESS MADE.
Though Judge Robinson held court
for but less than an hour yesterday
afternoon, as much progress was made
in empaneling jury for the Jones muir
der trial as at the two sessions Of
Wednesday. There were only three
jurors produced as new material at
that. One man was passed for cause
and one of those previously passed
walked out under a peremptory chal-
lenge.
Are you satisfied with the jury, gen.
tlemen?' Judge Robinson asked after
the twelfth chair had once more been
filed. The question sounded like
herald of approaching success ending
the tedious process. Mr.. Robertson
then exercised the sixth peremptory
challenge on behalf of the defendant.
The prosecution has the next chal-
lenge of its three remaining, while the
defense has six more at disposal.
Joseph Aea was called to fill the
vacancy in the jury left from Wednes-
day, but was excused on motion of the
prosecution for unfamiliarity with the
English language.
Henry Cook was passed for cause,
both sides agreeing.
Emil A. Berndt was peremptorily
challenged by the defense, when James
Armstrong was called only to be eX-
cused at the instance of the prosecu-
ton for opposition to capital punish
ment. This exhausted the special We
nire last issued, which yielded three
men out of four named. The fourth
being out of town could not be served.
Judge Robinson, being assured by
Deputy Attorney General Peters that
the grand jury would render it's final
report at 10 o'clock this morning. stated
that he would issue special venire
for the jurors serving on that body i'm
mediately after their discharge He
then adjourned court until that hour.
There are seventeen members now act
i've on the grand jury.
RETRIAL OLD CASE.
Pacific Mill Co. VS.. Enterprise Mill
Co. came up for a new trial before
Judge Gear yesterday. Arthur A. Will
der appeared for plaintiff. and Sidney
NJ. Ballou for defendant The fol-
lowing jury is trying the case: J. M.
Webb. Il. 2 Chanir