The Hawaiian gazette., 1905-11-17

DEFENDANT

In the case first reported below the
real defendant is native woman aged
a hundred years or more. Mele Maikai
really does not know how old she Ia, but
her living recollcctions 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 thir-
ty-seven years past, was photographed
fer the Hawaiian Commission that
drafted the Organic Act.
Her story has been told in the Ad-
vertiser before-how she drifted to sea
in canoe, was picked up by a 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-
ly 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
crown of gray hairs and her
eye is still alert and bright.
Rev. h. Maka is attacking Mele's
title to 1890 square feet of land, with
its tenements and hereditaments, 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 Puni-
ANA, by his attorneys, Castle s. With
ington, petitioned the Supreme Court
for writ of scire facias to require
Mele to appear and show cause why
judgment of eiectment 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
ejectment 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 tho
premises.
Nothing seems to have come of that
proceeding, for Mele holds fast
to her ancient domicie.
THE PRESENT TRIAL.
Judge Robinson yesterday morning
began the trial of II. Maka vs. Fannie
Strauch, trustee, ct al, action to quiet
title. After several challenges for
,ause and peiemptory, the following
Jurors were empaneled: Henry Davis,
+. Il. King, II. S. Swinton, Charles
iirdler, Joseph X. Clark, F.. f. Fer
nandes, Benito Guerrero, w. A. Me-
jowan, William Green, Jacob s. Bailey,
Hiram Kolomoku and Patrick McGrath.
d. l.. Wilmington and r. NJ. Harrison
appears for plaintiff, and Lyle A.
Dickey and Henry Hogan for defen-
lants.
There is host of witnesses to be
,alled besides those examined the first
lay, and the trial will likely outlast
his week.
VERDICT IN EJECTMENT.
After short deliberation the Jury
before Judge Do Bolt yesterday after
noon returned n verdict for restitution
IF the land claimed at Waanae. in the
'iectment case of l.. L. McCandless vs..
Nahinenui. Damages had been waived
~ plaintiff. c. W. Ashford for de-
'endant noted exceptions to the ver-
Ilct. a. q. Nj. Robertson appeared for
plaintiff.
APPEAL STILL FoILED.
Justice Hartwell yesterday denied
he motion of defendant in the eject
nent case of Moses Meheula vs. Pio-
leer Mill Co., Ltd, for n writ or er-
or to carry the case on appeal from
he Hawaiian Supreme Court to the
United States Supreme Court. 1t is
'aid the matter will be brought up in
| new form this morning.
NO JURY YET.
A jury could not be obtained. even
With the exhaustion of a special venire
'esterday morning, for the trial of Ia
ada for murder. Judge Lindsay there
ore ordered another special vcnire, re-
this morning.
HABEAS CORPUS.
A petition for writ of habeas cor
us on behalf of Wong Lung has been
led In the Supreme Court by his at
Straus Il Mossman, on the
round that he is being subjected to
cruel and unusual punishment" for
he offense of receiving stolen goods,
y having to wear prison garb and per-
orm hard labor in the public eye.
hief Justice Frear has signed an or
er directing the High Sheriff to pro-
uce Wong Lung in court on Wednes-
ay next.
COURT NOTES.
In the ejectment case of Shingle VS..
aros ct al, Q. w. Ashford, one of the
efendants, enters a general denial to
he complaint giving notice that he
ill rely upon the statute of limita-
ons and will adduce evidence to prove
prescriptive title in himself to the
md in question.
Lupua Kekaulahao has brought suit
n a promissory note for $4,000, with
lterest at per cent per annum, made
} herself or order on May 7, 1902, by
. Kawananakoa and j. Kalanianaole,
nd witnessed by John +. Colburn. Ka-
iolani Estate, Ltd, is summoned as
lrnishee.
The estate of the late Thomas Christ
y is appraised at value of $23,S3S.-
J, of which $4,000 is represented by
al estate and $153s.45 by personal
'operty. James +. Morgan, John
uderkirk and NJ. T. Simonton are the
,praisers.
Judge Robinson denied the petition
n revocation of the probate of the
i'll of Keaho, deceased, and w. c.
al