The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-27
.PAUOA L.ANO',.,
FORECLOSURE
No Jury In Sight
For Murder
Trial.
Defendants Who Resist
Bearing Achi's
Tax Lien.
Lesacies for New York Folks.
Lesacies for New York Folks.
Mrs. Heating After Torrcns
Title.

Title.
ii Ellen -Albertina Polyblank, otherwise
known as Sister Albertina, trustee for
stella Keomailani Cockett, has brought
: a bill for foreclosure of mortgage
against David Kawananakoa, Jonah
Kalanianaole, Abigail w. Kawanana-
Koa, Elizabeth K. Kalanianaole. the
IGerman Savings & Loan Society of San
francisco and the Territory of Hawaii.
The trust deed of Stella K. Cockett
was executed October 10. 1899, making
iStella Albertina, Of the Episcopal Sis
terhood, the trustee of her estate.
i The property in question is situated
in Pauoa valley and contains over
seven acres. II was conveyed on May
Is, 1902, by Sister Afbertina as trustee
to Dayid Kawananakoa and Jonah
Kalanianaole for $4,000. a mortgage
being given for the purchase price. A
note was executed at the same time
for the amount, payable one year after
date, with interest at per cent per
annum. Interest has not been paid
since June 3, 1903, hence the petition
for foreclosure.
Kawananakoa and Kalanianaole sold
a piece of the land to Samuel NJ. Da-
mon, who in turn sold a strip of his
purchase to the Territory of Hawaii,
by way Of exchange, for road widening
purposes. A warranty deed was given
to the Territory.
/ The German Savings & Loan Society
| of San Francisco is made a defendant
to the suit owing to its holding a
blanket mortgage upon the property of
Kawananakoa and Kalanianaole.
E. A. Douthitt is attorney for the
plaintiff.
JURORS STILL LACKING.
Out OF the venire of SO names for
jurors from which to empanel twelve
men for Hayashida's trial on indict-
ment for murder in the first degree, %
men were served and answered to the
roll call before Judge Gear yesterday
morning. Then a wedding out of the
unqualified and exempt took place, to-
gether with further depletion of the
panel by excuses granted on more or
less reasonable grounds. A few chal-
lenges for cause on the voir dire ex-
animation dissolved the remnant of the
panel and at noon another special
ventire OF SO names was issued.
OTHER CRIMINAL CASES.
Judge Gear further continued for one
day the sentence of Dan Kamai Ka-
hill, found guilty of assault and bat
terry under Indictment of manslaughter
Attorney Biting filed motions to
quash two indictments of Japanese for
gambling.
Sentence was suspended, on motion
of Attorney s. F. Chillingworth with
consent of Deputy Attorney General
Prosser, in the case of a japanese
woman who pleaded guilty to selling
liquor without license.
TAX CASE DEMURRERS.
The German Savings & Loan Society
of San Francisco and James F. Nor
gan, trustee, by Smith & Lewis, attor-
neys, have each filed a demurrer to the
bill to enforce a tax lien brought by
James L. Holt, assessor and collector
against W. c. Achi, Kapiolani Estate
Ltd, and themselves. They allege that
the plaintiff has not shown his author
ity TO sue, and that the bill shows on
! its face ii was brought by A. w
| Nicely. They also say that a prior
! judgment by Hoit's predecessor, James
| w Pratt, making the matter res ad-
Judicata. II is alleged that there is a
misjoinder of parties, because the bill
4 omits 10 mention the purchasers of lots
! in the property assessed. Plaintiff had
not shown that the delinquent tax list
was published in 1902 or 1903 according
/ TO law. Neither had it been shown that
| w. c. Achi was destitute of property
on which to levy for the payment of
/ taxes. For these and other reasons
given they ask that the complaint be
| dismissed.
| THE HEATING PARTITION.
| Mrs. Frances Heating has amended
| her petition for title to Nuuanu val
| ley property in accordance with the
partition Of her late husbands estate
| just made by the probate court. one
of the two surviving brothers of her
/ husband living in California released
| his claim in her favor. but James Keat-
| ing. the other one, living in Wisconsin,
held on TO all the law allowed him and
| the Nuuanu property was divided be-
tween him and the widow. Mrs. Keat-
ing has appointed John J. Garden her
| agent to represent her in the Court of
Land Registra ton proceedings.
COURT NOTES.
Judge De Bolt signed an order APP
proving the accounts and granting the
discharge Of Cecil Brown. executor of
the estate of William Phillips. de-
ceased, Cne-half the estate, worth
nearly $1,000, goes by will TO the widow
iand one-haIf To five heirs-at-law of the
testat"r's deceased sister, all of whom
I've IN Syracuse. y. Y. An Inheritance
tax Of S6lI.-l has been paid to the Ter
ritory.
/ judge Ne Bolt has rendered judg-
me"t Tor plaintiff Tor S2125.s2, including