The Hawaiian gazette., 1905-05-26
PHYSICIANS
TEST|FYING

DIR. p. $. Rossiter, u. S. N. had his
Gro Dissemination In the Naone MUIR
der trial concluded yesterday morning.
DIR. Arthur G. Hodgins was the next
witness for the defense and was not re-
I'm the afternoon.
DIR. w. II. Mays will be called this
morning by the defense.
TERRITORY DEMURs.
NJ. F. Prosser for the Territory of
Hawaii has filed a demurrer to the
| claim of the American Hawaiian En-
| cheering Il Construction Co., Ltd. The
complaint does not show that the labor
and materials were furnished and. sup
piled on the written request of the
Superintendent OF Public Works, nor
/ that such written authority was waiv-
ed 1t does not appear that the claim
OF $500 is due and owing to the petit
toner from the respondent, nor that
| the $2040.S0 claimed is upon a contract
| in form as prescribed by law. No
where does II appear whether the In
debtedness was contracted by the
Superintendent of Public Works as a
whole. or II 1t was divided up into
several claims each for sum less than
| $780, Neither does 1t appear from the
amended petition that the Superinten-
dent of Public Works had legal right
to incur the Indebtedness of $2o40.S0
set forth.
The Territory of Hawaii by M. f.
Piosser. Deputy Attorney General, has
demurred to the complaint of Frank
Lucweiko and wife. 1t is claimed that
the contract on which the cause of ac-
ton is based was not executed by an
official of The Territory having the
power and authority to execute 1t; that
the Governor of the Territory, who Is
alleged to have made the contract, Is
not authorized by any law of Hawaii
to make such a contract, and that 1t
does not appear that the contract was
ever made by the Territory. The suit
is for $500 damages on contract to
remove buildings from land taken for
street purposes, alleged to have been
made by Sanford Il. Dole as Governor
of the Territory in his term of office.
NEW TRIAL DENIED.
Judge Lindsay denied plaintiffs mo-
ton for n new trial In the case of
James Kaiona VS.. Kaaua. The motion
was lased on an affidavit OF T. r.
Mossman j. ii. Thompson and A.
Wintersten, three of the jury that
J tried the case, to the effect that they
did not understand that the "Mahiaf'
Hand was embraced In the suit, nor in
tended that such land should be award
: ed to the defendant under the verdict.
\ C. f. Peterson for plaintiff has filed an
exception to the refusal of new trial.
THE CoRNIoT ESTATE.
p. d. Kellett Jr., master, has re-
} ported on the biennial accounts of f.
, A. Schaefer. trustee under the will of
Andre Alexandra Corniot, deceased.
! Receipts were s3s6O.21 and expenditures
s3O3S.O1, leaving balance of ss222O.
q This is the same balance as left from
last previous account. and the master
n says the trustee has charged himself
. with interest only on $500 and at 4
I per cent. whereas the master says the
law provides that the legal rate of in
terest shall be per cent. He there
0 fore recommends that the ustee be
. charged with the legal rate of interest
a on $S22.20 from June "a, 1902, which
would make a difference o. $50 SO more
than charged in the acc)ult
=, COURT NOTES.
Judge Lindsay denied the petition OF
!. Rebecca Kealokae. guardian of Anna
' X. Jones, minor, to compel W. b.
Jones to appear With documents rela-
a tive to lot of land in Kapiolanl
tract.
p Judge Lindsay admitted the will OF
!. Antonio f. Neves to probate, appoint
q ing Julia Fernandes Neves admins
:, tratrix, Richardo Antoine having re-
|, nounced his nomination as executor.
An introductory decree was made by
Judge Lindsay in the divorce suit OF
Irene Reddy VS.. John Emmett Reddy
: ordering she libellee to pay IS week
:. almony and $50 attorneys fee.
Dowsett Co.. Ltd, vs. Male Kaauku
a ejectment, is still on trial before Judge