The Hawaiian gazette., 1904-09-20

J.. q. Camaehos sult for 5000 dam.
lagos ,ealust Arthur N Brown iilTh
shsrn. Was dismissed by Judge be HOLT
yesterday ON the ground that the stat.
ute Of limitations had run against the
suit The Walnun appeared in person
land made "a statement which was taken
down boy the stcnoRraphcr George a.
Davis appeared for the High Sheriff
and raised the point on which the case
wus dismissed An exception was noted
for the plaintn by direction OF the
court. So as to give him an appeal TO
the Supreme court u he choose.
summons was served on November
rs. 1902. returnable at the next Feb
Iaary term. Camacho's complaint was
| Iu substance az follows: ON May IL,
I 1900 IN the Honolulu District Court. he
Twas found guilty, under the name Of
H.. G. Camas. OF intending 10 commit
I an offensc against the person Of a. de
I ICanavara," ." as the complaint reads. and
for having within six months previous
induced said 4. de Canavdra to be-
| lieve that this plaintiff intended TO Kill
| him. He was ordered by the District
Court to give a bond of $780, with suf-
hcient sureties, TO keep the peace to-
wards the person of said a. de Cana
vaia for the term of one year and in
default thereof to be imprisoned until
the bond was executed. Being unable
to give the bond he was imprisoned
from May 10, 1900 to May Is, 1901. on
May &c, 1900, he declares in his COM
plant d. *. Puhui, while acting as an
agent and employe of the defendant,
"negligently, unnecessarily, violently
and without cause or provocation, COM
mitted an assault and battery upon this
plaintiff and then and there violently
twisted and lamed the right arm of
Iplaintiff, and violently struck this plain
tiff in the neck and face, and violently
threw this plaintiff against a bunk so
that one of plaintiffs ribs was broken
! and another rib was displaced, and
other grievous injuries suffered by
plaintiff, and that plaintiff endured
great suffering and anguish therefrom.
to plaintiffs injury and damage in the
sum of five thousand dollars"
! The case recalls a conspiracy against
the Portuguese consul, Senior A. de
Souza Canavarro, which succeeded to
the extent of shattering a portion of
his dwelling with dynamite early one
morning. Camacho was charged with
having made threats against the con-
sui, whose name is incorrectly spelled
in Camacho's complaint. Fitch & High
ton We're the attorneys for plaintiff in
bringing the damage suit.
FITCHS BIG SLICE.
Judge Gear, in sustaining the demur-
rer to the petition of NJ. A. Con
salves in the matter of the es-
tate of Jose da silva, shows that
Thomas Fitch, attorney for the attor-
ney in fact of the widow, paid him
self S654.95 out of s973.52 he received for
his client. The petition thus dismissed
was for an order to Antonio d'Aguiar
da Paulo, attorney in fact of the widow
Antonia da Silva, to show cause why
he should not deliver the money and
property in his hands to the widow.
Judge Gear relates that, at previous
stage Of the case, he ordered the money
that he believed improperly paid out to
be paid into court, but that the Su-
preme Court found he had not power
to make such an order in probate pro-
ceedings. In conclusion he says:
1T seems to me that the court has
no power now to order in these probate
proceedings that da Paulo turn over
the property, or what he has left of it, |
to those whom he acted as attorneyin- |
fact for, for his action was theirs in so !
far as these proceedings are concerned. |
If an action for an accounting should |
be brought against him he might be |
made to account for the property, but |
no such order can be made in this pro-
bate proceeding.
THE court has gone into this matter
at great length, but it has done so in |
order that the exact status OF the es-
tate might be seen. and this is done |
more particularly as the claimants are |
resident of Demerara, Guiana, and have |
communicated with the Consul here, |
who has asked the status of the case"
L, A. Douthitt for the motion; c. w.
Ashford for da Paulo.
DIVORCE SUITS.
Most of yesterday before Judge De
Bolt was occupied with the trial of the |
divorce case of Esther +. Juen against |
Harry \. Juen, the grounds alleged be-
ing non-support extreme cruelty and |
unlawful appropriation of property. |
The trial will be resumed on Monday.
Hooluhi Hao was granted "A divorce |
from Joe Hao for failure to provide by |
Judge Gear, who ordered the libellee to |
pay the libellant $50 a month alimony !
besides costs of court. Frank Andrade |
appeared for Mrs. Hao.
COURT NOTES.
Judge Robinson appointed c, X !
Quinn administrator of the estate of
Kualana Cw), deceased, under $500
bond This was on the petition OF
Fanny Strauch, claiming 10 be interest
ed as assignee OF certain heirs at law
Cecil Brown, trustee had discon- |
tinued his assumpsit suit against Joseph |
Fernandez and w g. Achi,
In the suit of John \, Cummins vs.
j. %. Carter trustee and others. Il is
stipulated that Matilda Walker CON
stable, Jane Merseberg, May o. Hibmg
and Thomas J., Cummins. defendants /
shall have ten days from september 10 /
la which 10 plead, answer on domur 20 |
the complaint
lice Yongs damage suit against |
Bishop a CO., fur alleged malicious I
prosecution for passing counterfeit I
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