The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-10

movers in the ditch enterprise, said
he had been in the Hawaiian Islands
off and on since the year 1880. In July
or August OF that year he began 10
investigate the water resources OF the
Kohala mountains, lying partly in
Hamakua and partly in KohaIa. His
first idea was not water for irrigation,
but for fluming cane. The witness Gre
ated sensation by using a most
sacred simiIe to emphasize his convic-
ton of the inseparable identity of the
Hamakua and Kohala water PROPOSE
ton.
KEAWE on TRIAL.
Joseph Keawe's trial in the Federal
Court for the embezzlement of about
$500 of postal money order funds while
he was postmaster of Hookena, Ha-
wall, proceeded yesterday to the close
of the prosecutions case. At that point
Mr. Ashford moved for a directed YER
dict of acquittal, which was denied.
The trial will be resumed this morn
ing.
All of the defendants peremptory
challenges had been exercised before
the following jury was obtained: Ed
ward Lofquist, VIM. H. Charlock Jr.,
w r. Riley, f. r. Biven. Alfred r.
Gurrey. John Emmeluth, w. w. Hall,
Alonzo Gartley, Chas. A. Simpson, E.
L. Cutting, NJ. ]. Bissell and Frank c.
Poor.
KAPPA HAS COUNSEL.
Henry K. Kapeas plea to indictment
for embezzlement was continued from
yesterday to Tuesday next. a. G. NJ.
Robertson and J. ]. Dunno are his
counsel, and S. NJ. Ballou will assist
the prosecution.
The case of Kawasaki, unlawful pos
session of che ia tickets, was contin-
ued for the term.
Judge De Bolt adjourned court at
1920 till 9 a. m. today.
COPIOUS PLEADINGS.
Sam Kaaloa makes affidavit in the
Male ct al VS.. Carter ct al case that
he served on Henry E. HightOn and c.
w. Ashford copies of motion for bond
and order requiring injunction bond.
Kinney, McClanahan & Cooper for de-
PENDANTS in the same case have filed
a bill of exceptions with notice that
they VIII present. II lCI al liiiiCill &c
fore Judge Lindsay at o'clock this
morning
Brighton and Ashford in the same
case file objections and exceptions to
motion to dissolve restraining order.
They offer seven grounds in several
subdivisions each, allege that ques-
lions not adjudicated previously are
contained in the complaint, charge
that portions of defendants motion are
scandalous and, finally, move to strike
out certain specifications and parts of
affidavits.
PARTICULARS FURNISHED.
John Ross by his attorneys. J. AL
fred Magoon and ]. Lightfoot. filed
both a general denial and a motion for
a bill of particulars in reply to the
complaint of w. L. Whitney, admin
istrator of the estate of c. Ali, de-
ceased.
Castle & Wilmington for plaintiff
have filed the bill of particulars. 1t
that a balance of $40 is due
the plaintiff from the surplus obtain
ed in foreclosure sale under a mort
gage given by the late c. Ali to John
Ross to secure $1,000.
COURT NOTES.
In the assunpsit suit of W. W.
Bruner vs. Kamalo Sugar Co., de-
PENDANT. and David Dayton, ]. Alfred |
Magoon and j. Lghtfoot, garnishees, |
Dayton and Magoon each answers and
says he has not now any goods or eff |
fects of the defendant company in his |
hands and is not indebted to it.
Charles r. Hemenway, trustee of the |
Honolulu Clay Co, Ltd, a bankrupt |
is suing the company and its in |
dividual stockholders for discovery
and to enforce stockholders liability. |
When the companys property was sold |
there was a large deficiency judgment |
1t is claimed that the stock |
held by defendants was not paid up.
Satisfaction of judgment has been
fled by Thompson & Clemens for plain
tiff in the assumpsit suit of Hoffman,
& Co. VS.. Lee Chu.
In the Land Registration Court the
A. ]. Campbell ct al petition is referred
to L. A. Dickey, and the Mary c. AL
lrich ct al petition to c. r. Hemen-
way. to examine titles.
Tn re estate of Naeole (w), Kiha has
lied a long affidavit in Hawaiian show
ng pedigree
Monday being a public holiday. there
Will be no court sessions.