The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-17


desk, for he came into court at 2 O'Clock
without written instructions on be-
half of the. defendant. He moved for
nonsuit. which was denied. In lieu
of written instructions he was allowed
by the court to state his points to the
jury.
When both sides had argued. Judge
Robinson directed the jury to return
verdict for the plaintiff Exceptions
were noted by the defendant.
CHILD ADOPTED.
Judge De Bolt yesterday afternoon
granted a decree of adoption, whereby
James K. Wright adopts, with full heir
ship, James Chapman Wright, male
child born to William Albert Chapman
and Grace Chapman in wedlock on May
s, 1901. The parents signed the petition
with the adopting father and in court
orally signifled their voluntary consent
to the adoption. J. L. Kaulukou ap-
peared for petitioners.
DYNAMITE PLOT RECALLED.
L. c. Camacho's suit for $4,000 dam
ages against Arthur NJ. Brown, High
Sheriff, was dismissed by Judge De Bolt
yesterday on the ground that the stat
ute of limitations had run against. the
suit. The plaintiff appeared in person
and made a statement which was taken
down by the stenographer. George a.
Davis appeared for the High Sheriff
and raised the point on which the case
was dismissed. An exception was noted
for the plaintiff by direction of the
court, so as to give him an appeal to
the Supreme Court if he choose.
Summons was served on November
IS, 1902, returnable at the next Feb
ruary term. Camacho's complaint was
in substance as follows: On May 49,
1900 in the Honolulu District Court, he
was found guilty, under the name OF
L. G. Camas, of intending to commit
an offense against the person of A. de
Canavara." as the complaint reads, and
for having within six months previous
induced said A. de Canavara to be-
lieve that this plaintiff intended to kill
him. He was ordered by the District
Court to give a bond of $500, with suf-
fcient sureties, ito keep the peace to-
wards the person of said A. de Cana
vara for the term of one year and in
default thereof to be imprisoned until
the bond was executed. Being liable
to give the bond he was imprisoned
from May Is, 1900 to May 10, 1901. On
May 26, 1900, he declares in his COM
plant D. K. Puhui, while acting as an
agent and employe of the defendant,
''negligently, unnecessarily, violently
and without cause or provocation, COM
mitted an assault and battery upon this
plaintiff and then and there violently
twisted and famed the right arm of
plaintiff, and violently struck this plain
tiff in the neck and face, and violently
threw this plaintiff against bunk, so
that one of plaintiffs ribs was broken.
and another rib was displaced, and
other grievous injuries suffered by
plaintiff, and that plaintiff endured
great suffering and anguish therefrom,
to plaintiffs injury and damage in the.
sum of five thousand dollars"
The case recalls a conspiracy against
the Portuguese consul, Senior a. de
Souza Canavarro, which succeeded to
the extent of shattering a portion of
his dwelling with dynamite early one
morning. Camacho was charged with
having made threats against the con-
sui, whose name is Incorrectly spelled
in Camacho's complaint. Fitch & High
ton We're the attorneys for plaintiff in
bringing the damage suit.
FITCHS BIG SLICE.
Judge Gear, in sustaining the demur-
rer to the petition of NJ. A. Con
salves in the matter of the es-
tate of Jose da Silva, shows that
Thomas Fitch, attorney for the attor-
ney in fact of the widow, paid him
self $65495 out Of $973.52 he received for
his client. The petition thus dismissed
was for an order to Antonio d'Aguiar
da Paulo, attorney in fact of the widow
Antonio da Silva, to show cause why
he should not deliver the money and
in his hands to the widow.
Judge Gear relates that, at a previous
stage of the case, he ordered the money
that he believed improperly paid out to
be paid into court, but that the Su-
preme Court found he had not power
to make such an order in probate pro-
ceedings. In conclusion he says:
1t seems to me that the court has
no power now to order in these probate
that da Paulo turn over
the property. or what he has left of it, j
to those whom he acted as attOrney-in-
fact for for his action was theirs in so
far as these proceedings are concerned.
If an action for an accounting should
be brought against him he might be
made to account for the property. but
no such order can be made in this pro-
bate proceeding.
The court has gone into this matter
at great length, but it has done so in
order that the exact status of the es-
tate might be seen, and this is done |
more particularly as the claimants are
resident of Demerara Guiana, and have |
with the Consul here, |
who has asked the status of the case
f. a. Douthitt for the motion; g. w |
Ashford for da Paulo.
DIVORCE SUITS.
Most of yesterday before Judge De !
Bolt was occupied with the trial of the |
divorce case of Esther 2. Juen against |
Harry y. Juen, the grounds alleged be |
ing non-support. extreme cruelty and |
unlawful appropria ton of property. |
The trial viii be resumed on Monday.
Hooluhi Hao was granted a divorce |
from Joe Hao for failure to provide by |
Judge Gear. who ordered the HbeIIee TO /