The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-18
BOTH SIDES
ARE BEATEN
Damages Allowed
Regarded Too
Small.
(From Wednesdays daily)

Freitas VS.. d. Kawananakoa and Jonah
kalanianaole came to the end of it's
trial at 5:15 yesterday afternoon with
a verdict that satisfied neither side. 1t
found damages of $3.50 for the plaintiff.
whose maximum claim was $4,000 and
minimum $1,000 and interest for the
| time he was denied possession of the
land. j. a. Magoon and j. Lightfoot
were attorneys for the plaintiff, and c.
| w. Ashford and Carlos a. Long for the
defendants. Exceptions to the verdict
were noted by both parties, as they
had also excepted to different parts of
the instructions to the jury.
BY agreement the trial was had with
| eleven jurors, to save the issuing OF Il
special venire with the loss of time.
as well as Interference With the Jones
murder trial, which that process would
have involved.
LONG TRIAL EXPECTED.
Before Judge Gear the American Dry
Goods Association alleged wrecking
case has taken another day, and one
of the attorneys thinks it is good for
another week. The trial is without a
jury
THE VOUCHERS CASES.
Judge Robinson yesterday morning
oyerruled the pleas in abatements to
the indictments against solomon Mehe-
ula, Enoch johnson and Jonah Kuma-
lac, ordering the defendants peremptor-
lily to plead this morning. c. w. Ash
ford, attorney for all of them, will in
terpose demurrers at that time. There
is no possibility of having the cases
tried this term.
CORNWELL'S ESTATE.
An inventory of the estate of w. H.
Cornwell, deceased, has been filed by
the Henry Waterhouse Trust Co, Ltd,
administrator with the will annexed.
The total valuation is $1O9, ,51O.12, against
which there are liabilities amounting
to $50, 394.22
AN HEIRS MAJORITY.
Wm. r. Sims has filed a masters re-
port on the account of Jos. o. Carter
guardian of Charles Mark Hardee and
Edwin j. Hardee, minors, For the past
year the receipts We're $14l5.0S and the
payments $14S1.75, leaving a balance
of $66.G7 due the guardian. A supple
mentary report calls attention to the
ed his majority on March TO- 1904, when
he became entitled to receive one-half
of the estate, which consists of Waialua
and o. r. & L. Co. bonds amounting
to $4,000, after deducting half the bal
ance due the guardian on the past
years accounts and adjusting "A de-
ticiency of payments to Charles Mark
Hardee of $211.03, as compared with
these to his brother, since the begin
ming of the trust.
PROBATE ITEMS.
j. j. Dunno, administrator of the
estate of Kaaua (k), deceased, has fill
ed his final account, showing that he
received $5l5O.SO and paid out $3.50,
leaving a balance of $5O97.3O for dis
trlbution among those entitled thereto.
Judge Gear appointed NJ. NJ Tschudi
executor of the will of James Batch-
ford Tschudi under $lO0 bond.
THE CONTRACT INJUNCTION.
Herbert Kendall has filed a replica
ton to the answer of Lucas Bros to his
bill for an injunction against the Su-
perintendent of Public Works, c. S.
Holloway, and themselves, saying that
the answer "is uncertain, untrue and
insufficient, and that this replicant Will
prove his bill to be. true, certain and
sufficient
Judge De Bolt had previously heard
the plaintiffs exceptions to portions of
the answer of Lucas Bros, when he
ordered the striking out of the Words
attempting to defraud defendants out
of the contract in question by" the al
legation then standing thus, "and that
plaintiff is falsely claiming now that
l.. 4
clude seven months pay for public
inspector at 81 per diem"
FORECLOSURE DECREE.
Judge De Bolt granted decree of
foreclosure, appointing VIM. Blaisdeli
commissioner of sale under bond OF
s25O0, in the suit of Henry Smith. trus-
tee, VS.. Christopher ar ]. Holt, ct al.
Judge Gear has granted the motion
to place on the calendar the cause of
r. r. Walker, Tom May and ]. Us
borne trustees OF st. Clements church,
VS.. c. +. Gouveia, an action for sum-
mary possession.
VERDICT WITH OPINION.
Defendants bill of exceptions to the
verdict and Judge De Bolts ruling in
support of the verdict, In the case OF
Theresa O. Wilcox vs.. Q. ii. Berrey.
has been filed. The part of the verdict
excepted to Is where, after finding dam
ages of sl59,6O for the plaintiff, the jury
added but we do not think that de-
fendant had any malicious intent"
RESIGNS TRUST,
George A. Davis has filed yolumlnous
papers IN the form Of an equity suit.
the glst OF which II that he resigns as
trustee af the estate of Rita g. peNks=
bury and asks for reasonable compen-
satjon for his services In diseharging
The trust iie shows balance of ils00
deposited IN Bishop s COS bank
GAMBLING APPEALS
An Pin appeals "a the Circuit Court