The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-13
Claiming Heirs Contest
Will of Mrs. K.
Brenig.
Other Probate Matters-F'orc-
closure on Orpheum-Vari-
Gus Items.

jury to try Emmett May for embezzle-
ment: R. w. Atkinson, Geo. Dilling-
ham, A. Nelson, w. c. Wilder, Harry
Carl, J. Andrade, j. A. Lawelawe, G.
F. Merrifeld, H. P. Dwyer. H. A. Par
melee, H. P. Kauohi and j. ]. Dias.
Judge Robinson excused all other
members of the special venire for the
rest of the term and continued the trial
until $3.50 this morning.
w S. Fleming assists Attorney-Gen-
eral L. Andrews for the prosecution,
and j. ]. Dunno appears for the defend
ant
This will end criminal trials-indeed,
all jury trials-for the present term.
ARRANGEMENTS.
Judge Robinson opened court yester-
day morning at 9 o'clock to hear pleas
to indictments which had been re-
served.
Nj. G. silva, NJ. S. Freitas and Kaaia-
hua, separately indicted for selling
liquor without a license. each pleaded
not guilty.
c. F. Chillingworth, former deputy
High Sheriff, and Ahoo, a Chinese liv-
cry stable owner, indicted for extortion
in the second degree, each pleaded not
guilty.
When the aged native Hawaiian, Ka-
hiliailau, was presented for murder
Deputy Attorney General Peters stated
that the defendant was without coun-
sci or means to engage legal advice.
Judge Robinson called for volunteer
attorney to defend the accused, but
there was no response. 4. G. M. Rob-
ertson suggested that one of several
former judges might properly be as
signed as counsel for the defense.
Later he named Judges Perry, Gal
braith, Cooper, Edings and Judd. In
the meantime Kahiliailau said he did
not desire counsel. but when Informed
that it was his right to be profession
ally defended without cost to himself
he cheerfully submitted to the rule.
Judge Robinson suggested the name
of Arthur NJ. Brown, former High
Sheriff. who coming IN afterward, ac-
cepted the assignment. He had the
plea of the defendant reserved until
Wednesday.
BRENIG WILL CONTESTED.
Probate of the will of the late MRS.
Kenahu Brenig, ordered yesterday by
Judge De Bolt, is to be contested. Ce-
ell Brown, petitioner, appeared in per-
son and C. r. Peterson for contestants
After the reading of papers and the
calling of one witness for the prepayment
Mr.. Peterson read the contest of Becky
Kalua ct al, as followss
Now comes Becky Kalua William
Hepela and Kahuaia, heirs and next of
kin of Kenahu Brenig, deceased, by
c. f. Peterson, their attorney, and en-
ter their appearance herein and contest
the probate of the alleged will of said
Kenahu Brenig, filed for probate here
in, on the ground that said document
is not the viii of said deceased, and
that said deceased was not competent
to make and execute a will"
Upon Mr. Browns asking the grounds
of the contest Mr.. Peterson stated that
he had no grounds to offer at that stage
of the contest but if it appeared that
he should appeal he would do SO, when
he would file an affidavit stating the
grounds for the jury.
There was argument then, but no rul-
1 ms anu M. AoIONQ offered the VIII In
evidence.
The court admitted the will to pro-
bate and appointed Cecil Brown exec
utor thereof under a bond of $4,000. r.
w. Shingie, Harry Armitage and P.
+, D. Kellett Jr. were appointed apprais-
ers of the estate.
Mr.. Peterson gave notice of appeal
from the order of the court to the Jury
of the next term of court
Mr.. Brown later filed his bond as ex-
ecutor with Mark P. Robinson as
surety.
| OTHER PROBATE CASES.
The will of Constant Sterling was adj
| mitted to probate by Judge Robinson.
who appointed ]. H. Craig executor I'M
| der $4,000 bond. w. w. Harris, E. o.
| White and NJ. T. Simonton were ap-
| pointed as appraisers of the estate.
A. F. Judd appeared for the petitioner
| Judge Robinson approved the ac-
counts and ordered the discharge of the
executors of the estate of the late DR..
Alex Montague Atherton. D. H. Case
for petitioners.
| William w Harris was appointed bv
| Judge Robinson administrator of the
| estate of Fritz J. Wilhelm under bond
of $4,000. F. d. wicke, H. Armitage
and NJ. T. Sin1onton We're appointed APP
praisers.
THE ORPHEUM FORECLOSURE
In the suit of George Tourny VS.. the
| Orpheum Company, Ltd. the defendant
mas entered a demurrer to the juris-