The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-02-10
EXHIBITS ARE LOST.


and swear that he did not know where
the articles We're.
Counsel for the defendant would
take the Deputy Attorney Generals
word for it, but claimed it was the duty
of the court to charge the jury to that
effect.
Mr.. Peters stated that, after the for
mer trial, he had directed a police Of
ficer-he believed it was Geo. Hubbell-
In preparing for this trial he had re-
peatedly telephoned officer Geo. Sea
that the articles were required. He had
also told Hubbell to make a search for
them.
Judge Robinson held that the request
for production of the articles was a
reasonable one.
Mr.. Peters suggested that subpoenas
be issued to the High Sheriff and all
the members of the police force, II
necessary, commanding them to bring
the articles into court.
No action was taken and as the mat
ter stands the absence of the articles
about which testimony was given will
be made point in favor of the defend
ant.
The appearances are that the police
are guilty of grave negligence, If not
worse, in the loss of the exhibits.
AN ORDER RESCINDED.
Judge De Bolt yesterday rescinded an
order he had made on Feb. in the case
of Oki and Okla VS.. Wilson & White
house ct al. He ruled that Whitehouse,
not having been served with summons,
could not now be examined for dis
closure of property as judgment debt
or. The judgment was on a directed
verdict against Whitehouse and his
partners jointly for $5SS.62, on Septem-
Der Z, 1901. Davis for plaintiffs;
Thompson & Clemens for Whitehouse.
QUEEN EMMA'S LANDS.
Bruce Cartwright, trustee under the
will of Emma Aaieieorulani, has
brought a bill of reTivoi aud supple
ment against Queens Hospital corLo-
ration, Bruce Cartwright, a6m'nistra-
tor of the estate of Albert Kunuiakea,
and A. n. Campbell, administrator of
the estate of Mele l.. Kunuiakea.
The original bill was filed on Febru-
airy "a, 1904, when Mele Kunuiakea was
alive, praying for a decree declaring
he respective rights and interests of the
defendants in certain sums of money
in the hands of plaintiff and instructing
him what disposal to make under the
will of said sums and income, which
he might thereafter collect.
Defendant Mele Kunuiakea died on
April 6, and A. n. Campbell Is now adj
mnistrator of her estate. About Sept.
10, 1904. plaintiff received a letter from
Queens Hospital, inquiring whether or
not certain of the lands devised by
Queen Emma's will should not be turn
ed over to Queens Hospital, said lands
being described as follows:
/. Land on Queen, Richards and AL
akea streets, Honolulu, known as Hue
hameha III. and r. P. 5729 to Kaumuo-
hua.
| 2. Land situated at Waikiki, Oahu,
known as Kalua Kau, and described
in l.. C. A. 1853 to Lunalilo.
| 3. The land of Mahunui and Aa. sit
uate at Kaneohe. and the same prem
ises conveyed to her by Kapu.
| 4. Land situate on Maunakea street
described in r. p. 2647 to j. Kaeo Qess
portion sold for street widening pur.
poses).
8. One-half of the ahupuaa of Hala'
wa in EVA, Oahu, described in r. P
1917 to Grace Kamaikui.
6. The rest. residue and remainder
lof the lands of Pahaku and Nauloi. sit
uate on Maui, and described in r. p
53S to Koahou.
Plaintiff is advised that II is uncer
tain whether or not said lands or an.
of them should be turned over by hin
to Queens Hospital and desires to OBJ
tain the advice, direction and instruc
ton of the court as to the RESPECTIVE
rights and interests of the defendant
above named therein and as to petition
er's duties in respect thereto.
Wherefore he prays that the defend
ants. of whom he is one himself, b
summoned to appear before the cour
: land answer his bill and be bound by a
the proceedings in the matter. etc.