The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-11-24
GOVERNMENT
STEPS OUT

There was another case pressed
through to verdict by jury. with one
of the parties deliberately out of IT,
in Judge De Bolts court yesterday.
The Territorial Government was the
party abandoning the proceedings and
the verdict, whether empty or not, was
against the Territorial Government.
I'm re extension of Kukui street,
from River street to Liliha street,
claim of Mrs. Chas. Motley is the
title of the case. 1t came before Judge
De Bolt for jury trial yesterday. by
way of an appeal from appraisement
and assessment of road damages. NJ.
F. Prosser appeared for the Territory,
and f. b. Mechanism and S. II. Der
by for Mrs. Motley.
The appraisement was made by r. c.
A. Peterson, II. Armitage and Frank S.
Dodge, being s219.3O for 1862 square
feet of land taken for road, Govern
ment to replace fence and move i'm
provements back or allow 5000 for i'm
provements, both these items making
an award of $419.30.
| When the case was called Mr. Pros
ser moved for abandonment and dis
continuance. He informed the court
that this step was taken by the Gov
eminent as q matter within its right
1t being the original complainant In
the case. Money had not been avail.
able to make the street extension, sc
that the improvement was left In
allegiance. The Deputy Attorney Gen.
eral stated that no discourtesy to the
court was to be implied. Having made
his statement he withdrew.
Judge De Bolt having denied the mo-
ton, Mr.. McClanahan made a state
ment of the case to the Jurors drawn
and these, being found satisfactory
were sworn to try the case, the jury
consisting of ]. C. Bergen, Jesse p
Makainai. w. Lono Austin, Albert
Warehouse, w. X. Harnden, John M
| e. Woodward, j. p. Howatt, Donald NJ
Ross, Jas. Fernandez.
Evidence was put on and the Jury
was taken out to view the premises.
The jury ultimately rendered a ver-
dict awarding Mrs. Motley damages OF
$3.50.
- HoGAN's oRAToRY.
Attorney Hogan for defendants in
the quieting title case of r. Maka VS.
Fannie Strauch, trustee, ct al, made 9
| closing address to the jury lasting
over three hours in Judge Robinson's
court yesterday. d. L. wilmington be-
gan his reply for plaintiff about 1886
but had not concluded when the court
adjourned at o'clock. He will resume
at o'clock this morning.
In his peroration Mr.. Hogan fondly
patted the centenarian native woman
Mele, party defendant, upon tn,
shoulders as he adjured the jurors moi
to-, turn her out of the home she had
occupied for scores of years.
| Mr.. Wilmington, beginning his reply
stated that the learned and eloquent
counsel. during the three hours he had
| spoken. never mentioned the name OF
Fannie Strauch although, I'm the an
swer of defendants, 1t was alleged that
she as trustee was the owner in fee
| simple of the premises. Neither had
he made the slightest mention of the
| fact that Mr.. Dickey was associated
with him as counsel for defendants
Mr.. Wilmington ridiculed the special
pleading for the aged woman, Mele
| arguing from admissions on the other
side, as well as evidence of her past
treatment, that she was in no danger
of being turned adrift.
r"'if COURT NOTES.
r. w. Holt has brought suit against
Wa.alua Agricultural Co. for rents OF
land amounting to $1,000.
The Takada murder trial Is still on
before Judge Lindsay, the prosecu-
ton having not yet rested.
J. Q. Lutted answers the complaint
of National Candy Co. with a general
| denial.
A stipulation is filed in the discov-
cry suit of Charles r. Hemenway, trus-
| tee, VS.. Honolulu Clay Co., to defer the
| trial until February.
Frank E. Thompson, guardian ad
litem for the minors in the recently
decided suit of John A. Cummins
against J. o. Carter, trustee, and 9TH
ers, to cancel trust deed, petitions for