The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-09


surplusage and did not vitiate the in
dictment.
Mr.. Robertson made a demand that
the prosecution produce blue serge
coat. a pair of spectacles and bottle
of wine, which Willie Vida testified
he had found of the defendants be-
Iongings.
EXHIBITS ARE LOST.
Mr.. Peters offered to take the stand
and swear that he did not know where
the articles were.
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
fcer-he believed it was Geo. Hubbell-
to store the articles in safe keeping.
In preparing for this trial he had re-
peatedly telephoned Officer Geo. Sea
that the articles We're required. He had
also told Hubbeu to make a search for
them.
Judge Robinson held that the request
for production of the articles was
reasonable lone.
Mr.. Peters suggested that subpoenas
be issued TO the High Sheriff and all
the members of the police force, if
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
~, 70 IF he 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AN ORDER RESCINDED.
Judge De Bolt yesterday rescinded an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. 3 in the case
of Oki and Okla VS.. Wilson &, White
house ct al. He ruled that Whftehouse,
not having been served with summons,
could not now be examined for dis
closure of property as a judgment debt
or The judgment was on a directed
verdict against Whitehouse and his
partners jointly for s5SS.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 Ila;ele2ca!ani, has
brought a bill of reTivoc aud supple
ment against Queens Hospital oorLo-
ration. Bruce Cartwright. acministra-
tor of the estate of Albert Kunuiakea,
and A y. Campbell, administrator of
the estate of Mele L. Kunuiakea.
The original bill was filed on Febru
airy 81, 1904, when Mele Kunuiakea was
alive. praying for a decree declaring
the 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
ministrator of her estate. About Sept.
10, 1904, plaintiff received letter from
Queens Hospital. inquiring whether or
not certain of the lands devised by
Queen Emma will should not be turn
ed over to Queens Hospital said lands
being described as follows:
l. Land on Queen, Richards and AL
akea streets, Honolulu. known as Hue
hue, described in r. P. 6708 to Kane
hameha III, and r. P. 5729 to Kaumuo-
hua.
?. Land situated at Waikiki, Oahu,
known as Kalua o Kau, and described
in L. C. A. 1853 to LunaIilo.
g. 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
;. One-half of the ahupuaa of Hala-
wa in Eva, Oahu, described in r. P.
GIL to Grace Kamaiku.
6. The rest, residue and remainder
of the lands of Pahaku and Nauloi. sit
uate on Maui and described in r. p.
53S to Koahou.
Plaintiff is advised that it is uncer-
tain whether or not said lands or any
of them should be turned over by him
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 defendants
above named therein and as to petition
ers duties in respect thereto.
Wherefore he prays that the defend
ants, of whom he is one himself be
summoned to appear before the court
and answer his bill and be bound by all
the proceedings in the matter. etc.
, I