The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-13
OO|NGS OF
THE COURTS
Yesterdays Work In
the Arenas OF
Justice.
tFrom Saturdays Advertlser)

Alexander Lazarus was released on q
nolle proseoui when his trial Tor uh-
licensed beer selling was resumed be-
fore Judge Gear yesterday morning.
Assistant Attorney General NJ. Il. Pros
ser had stated, before the court rose
on Thursday afternoon, that he wished
to see Deputy Sheriff c. f. Chilling
worth about the case. Malta, female
witness, had testified that Chillingworth
paid her 81 and $40, and Mr. Prosser
stated that II he ascertained That the
witness had an interest in the case
through receiving money he would en-
ter a nolle prosequi. He kept his word
after being informed that Chilling
worth, following the conviction OF
Lazarus in the Police Court, paid Ma
liza $40 on her plea of needing the
money and of services rendered as
witness.
IT is CONVICTED.
Chew 1t was next placed on trial for
having che ia tickets in possession. NJ.
F. Prosser for the Territory, +. Andrade
for the defendant. The following jury
was empaneled: Harry Carl Elan +.
Chapin, Harry p. Roth, j. w. Berg
strom, II. A. Parmelee, Joseph A. La
welawe, John C. Lane, James Brown,
G.. D. Malone, Joseph j. Dias, George
Dillingham; and ]. A. NJ. johnson.
The trial lasted all day, ending with
a verdict of guilty. Sentence was de-
ferred till Monday.
There was good deal of fun on the
cross-examination of Apana, the Chi
nese policeman, who testified as an eH-
pert regarding the modus operandi OF
che ia gambling. He said he could pick
out a certain ticket from hundred all
alike. but weakened on the proposition
when put to test. When asked to re-
neat thirty-six words, such as compose
a che ia problem, he had better success
and the ludicrous terms among which
the lucky one is concealed made the
courtroom merry.
DEFAULT MOTION DROPPED.
John +. Colburn one of the bondsmen
of Edward Vivian Richardson, the al
legged defaulting clerk of Honolulu Wa
ter Works, has been allowed to answer
and he has answered with general
denial of all the allegations in the com,
plant of C. S. Holloway, Superintend'
ent of Public Works, suing on the bond.
BY stipulation between his attorney,
c. w. Ashford, and NJ. +. Prosser, Dep
uty Attorney General, Colburn's de-
murrer and the plaintiffs motion for
Judgment by default against him We're
withdrawn and he was allowed to make
answer.
SERVED IN GUATEMALA.
Return of summons has been made
from Guatemala City, Guatemala, c.
A., in the divorce suit of Marion NJ.
Hoyt, formerly Marion NJ. Luning
(widow), against sherman w. Hoyt
Service is attested by William owen,
u. S. Vice and Deputy Consul General
as having been made at Guatemala city
by +. e. Cadena on August 4, 1904. The
ground of libel is non-support, the IL
bellant saying that since her marriage
to libellee on March 10, 1908, he has
not contributed in any wise nor in any
amount to the support and maintenance
of libellant." Hoyt is said to have lucra-
tive employment as a locomotive en-
gineer in Guatemala. The parties have
not lived together since June %. 1908.
Mrs. Hoyt in her libel asks that the
bonds of matrimony between libellee
and herself be dissolved and she be au-
thorized to resume her former name of
Marion NJ. Luning.
CASTLE MAKES CLAIM.
W. r. Castle by his attorneys, Castle
& Wilmington, answers for himself in
the suit for foreclosure of mortgage
brought by II. Hackfeld * Co, Ltd,
against w. C. Achi, Kapiolani Estate,
Ltd, w. II. Castle and j. NJ. Monsarrat.
Saving all manner of benefit from
errors and imperfections in the bill, and
making admissions of the truth of cer-
tain parts thereof, defendant Castle
goes on to allege as follows:
That he is the owner of the premises
described in a portion of the BILL viz.
''All that certain tract piece or parcel
of land situate in the said district of
South Kona known as the Ahupuaa
of Kaohe 4, containing an area of 1875
acres, more or less, and being the same
premises described In Royal Patent No.
7739 Mahele Award No. % to Nahua,
having acquired title thereto under
deed from w. c, Achi to w. II. Castle,
trustee, dated the 18th day of April,
1900, recorded in the Registrars office
Liber POS pages SS-sa and that In con-
sideration of the sum OF. five thousand
dollars $4,000 the plaintiff herein re-
leased from the lien OF the mortgage
herein sought to be foreclosed TO said
premises by an instrument dated May
10, 1900, recorded in said Registrars
office, Book 2Oi pages S6G-367," etc,
Defendant alleges that the premises
30 released are not subject 10 the lien
Of the mortgage in question,
lie also alleges that he Is the owner
of an the other premises described IN
the mortgage and conveyed 90 Aohi by
Monsarut, admitting that these prem-
iaes are subject 10 the lien Of the mort
gage, and alleges that in addition go
the said premises he is the owner uf an
the cattle. horses pigs uud ull other
thaitTla on lhe pftmlsaH. whether suh-
lsti la ihe usu nf said mortgage ur NOT
Finally be plays that his rights iH
ihe Wtsniata may ba fuIy pIult.laI uur
der ans decree which Way boz made u
lhH HiHHulH
Aor lTa HAME
rnlau pl nnmpHg uf DHtuH. Il
faNW cooperation hg a .u.IHns.