The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-28

saw that plaintiff held certain proper
/ ty in trust for twenty years and that
there remains in his hands a balance
of 1868 from the original $2.2S9.6O. De-
| PENDANTS aliege that u. NJ Monsarrat
/ was, and ever since the said 18th day
I of December 1886, has been grossly
I 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.n
Defendants allege the death of de-
fendant Makanoanoa and assignment
of her interest, and claim that Eliza
beth Cumnins is entitled to the re-
version in fee Of a 2-3 interest in the
property, and is entitled to the inn
mediate possession of the whole of the
net income and proceeds of the trust
property.
Defendants deny knowledge of the
payment of consideration by ]. "a.
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 Curnrninss that he be
required TO make an accounting from
August s, 1884, and that he be required
to pay interest on amounts which were
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.
TESLA AGAIN PROTESTS.
A plea in abatement was fled yester-
day in the case of f. J. Tesla, indict-
ed for criminal libel. 1t is urged in the
plea that the Indictment is illegal on
the ground that it was found against
defendants challenge. 1t is charged
also that the grand jury had been
biased, and that it had expressed pre-
JUDGE against defendant by finding
previous Indictment. A further
ground made was:
THAT said indictment is Illegal and
invalid, in that said grand jury find
ing the same was not a legally con-
stituted body, in that the grand jury,
selected, sworn and impaneled by this
Court at and for the present term
thereof, was dissolved by and upon
the discharge of certain of its MEM
bers found to be disqualified, which
discharge was made by this Court on
or about the goth day of May, 1904;
and, further. in that the jurors, from
whom jurors for said grand jury were
drawn. We're selected by the Jury |
Commissioners from the registered |
voters last registered in each of the |
precincts in the Circuit, and not from |
the citizens, voters and residents OF |
by statute; and, further. in /
that said jurors were not listed as re-
uuired by statute"
Argument will be heard on the plea |
by Judge De Bolt this morning.
SUES FOR DIVORCE.
Annie Joseph has brought suit a. /
gainst Antoine Joseph for divorce al
eging cruelty and criminality. Libel
liant charges that her husband, two
months after marriage began his cruel |
treatment, beating her with clenched
fists and pulling her about by the hair.
Libellee was once arrested for assault
upon his wife and left her, but after
ward she forgave him on a promise to
be "a good, kind and true husband to
her, His goodness, she says lasted
but two days and he again deserted
her. She was compelled to work as a
aundress to support herself and chill
1ren.
Libellee earns $40 per week and his
wife asks alimony of SIS per month.
COURT NOTES.
The trustees of the S. c. Allen estate
nave sued Isaac Harbottle on q prom
ssory note for $1,000.
All Yin has applied for the appoint
nent OF a guardian ad Item, setting
out that his father All Leong makes
adverse claim to certain property.
A discontinuance has been filed IN
he case of E. o. Hall & Son VS.. Inter
Island Telegraph Co.
Cross interrogatories to be asked OF
Michael Curran in San Francisco have
been filed in the Mage divorce case.
-e-$-S-