The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-22

| schedule of distribution as ordered by
| the court:
Antonio Botelho, daughter, aged Il
years, S454.37 1-2.
william Botelho. son, aged years
| S454.s7 1-2.
Rev. Clement Everard, as trustee
under the last will of Bishop Gulstan
F. Ropert, $1S1.75.
| Besides the foregoing portions the
| children will receive S493. so. death
benefit in the hands OF the Portuguese
| Mutual Benefit Society. This sum the
administrator reported the society
claimed would only be paid over to the
legal guardian of the children.
MORE KONA LITIGATION.
| The Supreme Court held a special sit
| ting yesterday to hear the motion OF
| respondent to dismiss the writ of GER
| tiorari against District Magistrate
| Thomas Aiu of North Kona This is
/ the proceeding taken to nullify the writ
of possession granted by Aiu, to the Ka-
| pioIani Estate, Ltd, against Clinton
j. Hutchins, trustee. for the mill prop
erty of the Kona Sugar Co. Kinney,
! McCIanahan & Cooper appeared for the
motion; Cathcart & Milverton against.
The court took the matter under adj
visement.
Eliza Roy has brought suit against
Clinton j. Hutchins. trustee, as defend
ant and Henry Waterhouse Trust Co.
as garnfshee, for $34O1.36 alleged to be
due in rental and taxes on 400 acres of
land leased to Kona Sugar Co. on Feb
ruary L 1892 for thirty years at an
annual rental of S3576.56 for the first
two years and $595260 for the remainder
of the term. Summons is made return
able at the September term.
JUDGMENT FOR PART.
Judge Gear rendered Judgment in the
replevin case of Manuahi VS. Mele Kau-
kea The property claimed made fif-
teen items, of which the total value al
legged was $161. and $50 damages was
asked. District Magistrate S. Hookano
of Eva gave Judgment for the entire
list, with nominal damages of 81 and
costs of SO. So the defendant having de-
clined to put in any evidence. Plaintiff
had sued as administrator of the estate
of Pila Manuahi, deceased. Judge
Gears Judgment was in favor of the
plaintiff for only tool chest, trunk
and a safe. Robertson e. Wilder for
plaintiff; E. A. Douthitt for defendant.
MRS. KOLoMOKU'S DENIAL.
Mary Ann Kolomoku answers the
libel in divorce brought by Hiram Ko-
lomoku, admitting the marriage as al
legged but denying every other allega-
ton in the complaint. She also con-
sents to an immediate hearing and trial
of the cause without awaiting the ex-
piration of twenty days from the date
of the service of summons. Robertson
& Wilder are her attorneys.
DISCRETION, CRUELTY, ETC.
Helen Clara Fonseca has brought
libel in divorce against Joseph Fonseca
on the ground of Ciesertion. The parties
were married at New Bedford, Mass,
August %, 1890, and these children
have been born to them: William, aged
II; Lillian, 8; Walter, z; Edwin, 5;
Ethel, 2. The libellee is alleged to be
steward earning about SOS a month"; who
since February o. 1902, has uttrely neg
lected to provide his wife and children
with the necessaries of life.
Arcenia de F. Souza has brought a
divorce suit against Jose de Souza, al
leging extreme cruelty and habitual
drunkenness. They were married Aug.
20, 1891, and have one, son aged years.
WANTS TO DRAW MONEY.
Mrs. Sarah Ferry, guardian of Freddy
and George Ferry, minors, petitions the
Circuit Court for an order authorizing
the clerk to pay to her the principal of
$6O.SS remaining of the estate of the
minors. Ever since the death, of her
husband, Frank Ferry, on April 2S, 1897,
the petitioner says she has remGincd
a widow, earning her livelihood by the
work of her own hands, such as receive
ing clothes for laundry purposes from
those who are willing to entrust to her
such work" Now her father, a resident
of California for three years, has writ
ten TO her to join him in that State and,
lowing to the hard times now prevail
ing in Honolulu, petitioner intends to
leave Honolulu with her two sons to
better their condition in said State of
California and says it is not her in
tention to return to Honolulu with her
two sons. She desires to draw the prin-
cipal, of which the interest has been
paid her all along, to be used as pas
sage money and other personal neces-
stiles of the children. Frank Ferry,
another son of her late husband by a
former marriage. left the Hawaiian Is
lands with his grandaunt iIf 1898, to
whom was paid S1S2.65 as his distribu
tive shore of the fathers estate.
LOTS OF WRITING.
Clerk NJ. T. Simonton's minutes of the
January term business before Judge
Robinson, presiding, aggregated more
than 1900 words. This amount does
not include the minutes of hearings at
chambers held by Judge Robinson dur
ing the term.
EXECUTOR APPOINTED.
Judge Gear appointed VIM. o. Smith
as executor of the will of Josephine c.
Barber. under $4,000 bond.