The Hawaiian gazette., 1904-05-31
GOVERNMENT
GETS MONEY
Cotton Brothers
Must Pay for
Dredger.
(From Saturdays Advertiser)

1
a verdict for plaintiff yesterday after
>-,on for the full amount-s25,0 900. TIL,
government sued for the loss Of tn,
dredger at Pearl Harbor, which hat
been loaned to defendants at q slip
ulated rental. The jury was instruct
ed by Judge Gear shortly after tive
o'clock and was out but ten minute.
before reaching an agreement. TIL,
defendants gave notice of appeal from
the award of $4,000 to the Territory.
JURY STILL LACKING.
The court adjourned last evening
| without getting jury in the Kuma.
lac and Johnson conspiracy case. The
! Territory still has one challenge tc
offer, while the defense has none. This
queer state of affairs is brought about
by the fact that there are two defend
ants. The law provides when two de-
PENDANTS are indicted Jointly, each
shall have two peremptory challenges,
and the court ruled that each of the
defendants must exercise a challenge
whenever the prosecution exercised
one. This leaves one challenge open
to the Attorney General.
Wyllie Davis was called on the
vouchers jury yesterday but was not
in court and Judge De Bolt issued a
bench warrant for his arrest. Davis
had gone to the other side Of the is
land on the understanding that he had
been called only on the special panel
for the Meheula case. The conspiracy
case has been continued until Tuesday
morning, Monday being holiday, and
three jurors have been summoned to
appear at that time.
The jurors now sitting on the case
who will probably remain for the trial
are: James Bicknell, Geo. Childs, AL
bert Lucas, S. NJ. Kamakau, Edmund
Norrie, E. H. Wodehouse, G. D. Ma
hone, John Coffee, c. ]. Fishel, e. o.
K. East and c. ]. Ludwigsen.
In the case Of ]. M. Monsarrat vs.
Makanoanoa ct al, answer has been
made by Elizabeth Cummins, John
Kahio and Elizabeth Kahio in which
charges of mismanagement are made
against the plaintiff. The defendants
say that plaintiff held certain proper
ty in trust for twenty years and that
there remains in his hands balance
of 1868 from the original $2,2s9.6O. De-
PENDANTS allege that ~. M. Monsarrat
was, and ever since the said 18th day
of December 1886, has been grossly
negligent, careless and unbusinesslike
in the care and management Of the
said sum of money in that he
has failed to keep separate accounts
of said money and of said trust prop
erty."
Defendants allege the death Of de-
PENDANT Makanoanoa and assignment
of her interest, and claim that Eliza
beth Cummins is entitled to the re-
version in fee of 2-3 interest in the
property, and is entitled to the i'm
mediate possession of the whole of the
net income and proceeds of the trust
property.
Defendants deny knowledge of the
payment Of consideration by ]. M.
Monsarrat for property conveyed to
him as trustee. They also claim he
loaned money on no security and has
allowed portions of the property to
remain uncollected and lost, and also
that he has refused to make an ac-
counting since May 2, 1901.
Defendants ask that Monsarrat be
made trustee for the property on be-
half of Elizabeth Cummins, that he be
required to make an accounting from
August 6, 1884, and that he be required
to pay interest on amou..ts which We're
lying idle in his hands. They further
ask that Monsarrat be removed, that
he pay the costs of the suit and that
all property be turned over to Eliza
beth Cummins as trustee. Smith &,
Lewis and l.. ]. Warren for defend
ants.
TESTA AGAIN pROnESTS