The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-20

l question of whether defendants con-
1 victed and imprisoned under indict-
ments presented by an Illegally con-
/ stituted grand jury cannot be Hber-
/ ated on habeas corpus proceedings. A
| judicial answer in the affirmative
would set at large some of the tough
est criminals ever sentenced in Ha-
wall.
| QUESTION OF COSTS.
Isaac Noar. who won his appeal to
| the Supreme Court in the partition
suit brought against him by Lee Chew
and others, now appeals from a ruling
by Judge Robinson in which the ex-
penditure of $29.S5 for transcript of
evidence was refused to be taxed as
costs The ground of refusal was that
the statute did not provide that such
expenditures may be recouped in the
form of assessment as costs IN equity
suits at chambers. In making an or
der permitting the appeal Judge Ro-
binson says that the points and ques-
tions involved in the statement of APP
peal appear to be of such Importance
to the court and the profession as to
render desirable an early decision
thereon by the Supreme Court.
DREDGING CASE APPEAL
H. Hackfeld & Co., Ltd. by its at
torneys, Kinney, McC1anaIlan &
Cooper. has filed its bill of exceptions
to Judge De Bolts refusal of a new
trial of Clark & Henery's suit against
itself and Castle & Cooke. Ltd. The
bill takes IN Judge De Bolts decision
and his various rulings on the case
leading up thereto. Among the
grounds taken to the Supreme Court
are the following:
No proof that plaintiffs. in the ex-
ecution of or entering into. their con-
tract, relied upon the promise of de-
PENDANT
No proof of benefit to H. Hackfeld
& Co. from the dredging of Pearl
Harbor channel by plaintiffs. conse-
quently no consideration shown for an
independent promise OF defendant.
No proof of such INDEPENDENT pro-
mise as distinguished from that of its
principal. the Oahu Sugar Co.
Plaintiffs have not shown that Pearl
Harbor is open to commerce.
Plaintiffs are not the real parties in
interest having assigned their right
to the money sued for to Cotton Bros.
& Co.
Contract was a mere one. or guaran-
ty and not an independent promise.
No evidence that plaintiffs accepted
the offer Of defendant.
No evidence to show that III. Hack
field & Co., Ltd, is satisfied that
Pearl Harhor is open to commerce or
that it was ever satisfied that the
work to be done by plaintiffs would
accomplish that object. Not shown
that the failure of II. Hackfeld & Co.
to be so satisfied was either whimsical
or in bad faith.
Pearl Harbor not in fact open to.
commerce.
Payment by Castle & Cooke, Ltd,
of its share of the $4,000 and the cir
cun1stances attendant thereon have
released H. HackfeId & Co, Ltd,
from any liability under its contract.
MRS. WRIGHTs WILL.
Henry Holmes petitions for ancillary
letters of administration with the will
annexed upon the estate of Elizabeth
Wright, wife of Thomas Wright of
staindrop, County of Durham, Eng
land, who died at Newcastle-on-Tyne.
England. about May 10, 1908, possessed
of real and personal estate in the Ter
ritory of Hawaii, viz: Four house.
lots at Kairnu1i, Honolulu, valued at
1920: II shares of the capital stock
of Oahu Sugar Co, Ltd, All deposit
in Bishop & Co.'S savings bank VAL
ued at s2693. 10. Petitioner files a pow
er of attorney to himself from Tho
mas Applegarth and Jane Campbell.
brother and sister OF the testatrix, to.
act for them in the premises, they
~, md
Wright bequeaths various of her per-
sonaI effects to her sisters and nieees.
her Oahu Sugar Co stock to her nus
band during his life and at his de-
cease to be sold, together with the
land at Kaimuki, and the proceeds
equally divided amongst her three
brothers and three sisters; the prin-
cipal and interest in Bishop & Co. $
bank to Mrs Frank Barwick, Oahu
College, Honolulu. e1ts. in the English
postal savings bank as one years
wage to Jane Pennock, and the bal
executors, equally, after paying her
funeral expenses.
GUARDIAN WANTED.
Mrs. Keaweamahi Kawaihoa pati-
lions that Edward H. f. Wolter be APP
pointed guardian of the persons and
estate of her niece and nephew, Aluli
and Piliwali, minors The girl lives
at Koloa, Kauai and the boy in Ho-
nolulu. and they own property con-
sisting of five kufeanas in the lis
trict of Koloa, together with horses
the number of which is unknown to
petitioner.
LONGEVITY OF, LITERATI.