The Hawaiian gazette., 1904-10-25
A TRIO Of
HOM|C|OES
Now for Decision
On Na0ne's
Plea.

Three men charged with murder were
lined tip in the dock before Judge Gear
Yesterday. The first in order OF time of
commission OF deeds OF blood was Den
giro, who awaited sentence on his plea
OF guilty to murder in the second degree
for killing his uncle at Kappa two years
ago. The next was Geneau, a Il. ,.
blueacket from the gunboat Wheeling
who fatally shot the negro, Ulysses ).
Harris, in the Pantheon Saloon some
months ago. Last was Philip II. Naone,
( who shot his wife to death fortnight
ago last Saturday night.
Dengiros sentence was continued until
this morning.
! In the case of Naone, Deputy At
torney General NJ. F. Prosser replied
with an array of authorities to ]. J.
Dunne's argument for plea in abate-
ment and motion to quash the indict-
ment. The court took the matter under
consideration.
F. A. Douthitt appeared for his mo-
ton to continue Geneau's case until
next term. He desired to secure the
testimony of two officers of the U. ).
S. Buffalo. on that ships return from
Midway Island, as to defendants
character and other matters. The hear
ing was continued until 9 80 this morn
ing.
MAHAULU'S CASE.
Deputy Sheriff w. T. Rawlins asked
that certain cases in which he was
counsel, includin~ that OF Stephen Ma
haulu, ENLIGHTENMENT OF public money,
be continued for the term. On account
of his new Office it was appropriate
that he should withdraw from cases
where he appeared for the defense
Judge Gear at first, Mr.. Prosser con-
senting for the Territory, granted the
continuances. In the afternoon, how
ever, he rescnded the order as having
been mistaken one Mr.. Rawlins,
being now in the Attorney Generals
department. could not properly stipulate
! with that department for continuances.
Mr. Prosser then moved that the
cases in question be continued for the
term, but the court would not entertain
the motion when the defendants were
not present or represented in court.
WATER RIGHTS CASE.
Return of summons issued by Emma
M. Nakuina, Commissioner of Private
Ways and Water Rights, has been
made in the suit of Harriet Z. Wight
against The Dowsett Company, Ltd,
All Chong, All Sam, Chun Loke, Mrs.
Kaluka Elekula, John Hookano Manuia
and George Kawahalama Manuia.
Plaintiff specifies seven pieces of land
situated at Puiwa in Nuuanu Valley
of which she claims to be the owner
in fee simple. She further claims:
THAT plaintiff is entitled to certain
water rights for said lands from and
through a certain ancient water ditch
and lead known as the Kukuiholiilii
ditch, which said ditch obtains its wa
ter supply from the Nuuanu stream,
which said stream passes down said
valley on the easterly side thereof; said
water right being appurtenance to said
land by ancient custom and usage and
by prescription.
THAT the owners of said ancient wa
ter ditch of Kukuholilii are entitled
to take all of the water in said Nuu-
anu stream into said ditch and to ap-
propriate the same therefrom, if -neeu-
ed, for the lands having rights in salu
ditch"
Plaintiff goes on to say that aside
from the lands owned by herself as
specified no other lands are entitled
to the water from the ancient ditch
excepting certain land of which the
present owners pre- defendants Mrs.
Kaluka Elekula John Hookano Manu-
la and George Kawahalama Manuia.
This excepted land is entitled TO all of
the water flowing in the ditch alreaoy
mentioned from 6 a. m. to 8 a. m. on
Sunday each week 1t is alleged that
all of the other defendants are taking
water Illegally from the ditch.
The prayer of the complaint Is that
the defendants be summoned before
the Commissioner and that upon due
hearing plaintiff be adjudicated to lie
the sole and absolute owner of all the
water flowing In the ditch with the
exception mentioned.
The hearing Is set for 10 a. m. on
November 81, before Commissioner Ma
kuina in Judge De Bolts courtroom.
COURT NOTES.
Judge Gear granted divorce to Ka-
makaohua Miller from Edward Miller
on the ground of non-support, award
ing the custody OF their one child to-
the mother. Libellee admitted the cause
IN court Henry Hogan appeared for
the libellant,
Judge Robinson partly heard the Pa
oiho Heights Railway co, foreclosure
suit yesterday afternoon The case
was continued until next saturday.
A stipulation IL filed In the equity
sun OF Sister Alberiine vs. Kawanana-
KOS, e. AL, that the defendant Terri
tory Of Hawaii shall have three days
from yesterday in which 10 enter a
pleading 90 the complaint
d. a. A. Peterson Dy his attorneys,
Castle a wilmington, discantlnusS his
suh against u. > lialsleaa for come