The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-16

| In the case first reported below the
| real defendant is native woman aged
hundred wears or more. Mele Maikal
really does not know how old she is, but
her living recollections antedate the ar
rival of the first missionaries in 1920.
| She was present at the burial of four
| of the kamehamehas. Mele, as her
name figures in court records for thlr-
ty-seven years past, was photographed
for the Hawaiian Commission that
drafted the Organic Act.
Her story has been told in the Ad-
vertiser before-how she drifted to sea
in a canoe, was picked up by ship
and carried to China, from thence max
ing voyage to New York before again
setting foot in her native islands.
Old as she is in years, Mele in court
Yesterday almost discounted in spright-
| " appearance elderly gentlemen seen
in the jury box and the seats occupied
by officers of the court and spectators
There is yet distinct shading in her
venerable crown of gray hairs and her
eve Is still alert and bright.
Rev R. Maka is attacking Mele S
title to 1890 square feet of land, with
its tenements and Embellishments, at
Nuuanu and Vineyard streets. She has
lived there for sixty years, defying
litigation to put her out. Two years
ago the grantor of Maka, one Punt
| anna, by his attorneys, Castle & With
ington, petitioned the Supreme Court
for a writ of scire facias to require
Mele to appear and show cause why
Judgment of ejectment should not be
formally entered against her and exc
cution for possession Of the property
by plaintiff be issued. 1t was represent
ed by the petitioner that judgment of
eiectment had been rendered against
Mele and her husband in the year 1868,
but that no formal judgment was enter
ed by the clerk nor an execution issued
and that Mele had since been permitted
to live in one of the houses on the
premises.
Nothing seems to have come of that
unusual proceeding, for Mele holds fast
to her ancient domicile.
THE PRESENT TRIAL.
Judge Robinson yesterday morning
began the trial of R. Maka VS.. Fannie
Strauch, trustee, ct al, action to quiet
title. After several challenges for
cause and peremptory, the following
jurors were empaneled: Henry Davis,
F. E. King, II. S. Swinton, Charles
Girdler, Joseph K. Clark, F. T. Fer
handles, Benito Guerrero, w. A. Nc
Gowan, William Green, Jacob S. Bailey,
Hiram Kolomoku and Patrick McGrath.
D. l.. Wilmington and T. NJ. Harrison
appears for plaintiff, and Lyle A.
Dickey and Henry Hogan for defen-
dants.
There is a host of witnesses to be
called besides those examined the first
day, and the trial will likely outlast
| this week.
VERDICT IN EJECTMENT.
After a short deliberation the jury
before Judge De Bolt yesterday after
noon returned a verdict for restitution
of the land claimed AT Waianae. in the
! eiectment case of L. l.. McCandless VS..
Wahinenui. Damages had been waived
by plaintiff. C. w. Ashford for de-
PENDANT noted exceptions to the ver-
diet. A. G. NJ. Robertson appeared for
plaintiff.
APPEAL STILL FOILED.
Justice Hartwen yesterday denied
| the motion of defendant in the eject
ment case of Moses Meheula VS.. Pho
| neer Mill Co., Ltd, for a writ OF err
ror to carry the case on appeal from
the Hawaiian Supreme Court to the
United States Supreme Court. It is
said the matter will be brought up in
a new form this morning.
NO JURY YET
A jury could not be obtained, even
with the exhaustion of special venire
& W~ w I'VE