The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-13
SENSATION
CAME CLOSE
Two Women in Danger
of Punishment for
Contempt.

Almost a sensation not in the plead
ings arose in the hearing by Judge
Lindsay of the questions of alimony and
custody of child in the Hall divorce
case yesterday afternoon. This was a
threatened case of contempt of court
against Mrs. Hall and her sister Mrs.
H c. Mossman. Mrs. F. C. Bertel-
mann. mother of the two women, had
been testifying about the expense of
keeping Mrs. Hall at her house when
her examination was interrupted by
the entry of an ejectment case jury.
When the jury was dismissed Mr..
Humphreys, attorney for the Iibellee,
accused the two women named of hav-
ing coached their mother on the stand,
by head shaking at her from their
seats on the front spectators bench.
Mr.. Ashford, attorney for the libellant,
expressed regret if anything of the kind
had happened, but he had not seen it.
Neither had the court Mr.. Humphreys
offered to prove the charge by wit
nesses and moved to strike out the
testimony of Mrs. Bertelmann.
I Judge Lindsay said if he had OBJ
served the conduct mentioned he would
have dealt severely with the offenders.
The motion was granted
Mr.. Humphreys, after the evidence
was concluded on both sides, argued
for about an hour to show that the
father was the rightful custodian of
the child, under both common law and
the Hawaiian statute, and that no case
Of restitution of Mrs. Hall had been
shown to entitle her to temporary ALI
mony. On the latter proposition he
cited the Hawaiian decision in the
Nobriga case, where the Supreme Court
held the Circuit Judge should not have
granted temporary alimony to the wife
after she was shown to be a woman
of means. The attorney quoted many
late English jurists, discussed the di-
vorce question generally and, among
other celebrated cases, mentioned that
of Henry VIII.
Mr.. Ashford replied briefly, contend
ing that it was a, case for alimony, as
the libellants property was cucumber
ed and she had no immediate money
resources. Mr.. Humphreys bantering
ly offered to raise a loan OF $1,000 on
her equity within ten days and to adj
vance S25 at 10 o'clock this morning for
temporary alimony pending the loan.
This diversion was smilingly tolerated
by the court, who was immersed in
perusal of the Nobriga case.
Judge Lindsay after the argument
decided promptly in favor of the wife.
The father was perfectly willing and
content to allow his child to remain
eight months with the mother, and
then upon the beginning of the di-
yorce proceedings took her away rath-
er roughly as the testimony showed.
The custody of the child, Thelma, was
awarded to the mother. While the NO
briga case bothered the court some
what yet in the present case the wife's
property was under mortgage and II
she further encountered it now hard
ship would be created. Therefore he
awarded Mrs. Hall S35 a month ALI
mony. pendente lite, in weekly pay
ments to begin one week from date;
also ordered that costs be paid by-ibel-
lee, and that he pay an attorneys
fee of 500 to libellant's counsel in two
instruments of $50 each.
Mr.. Humphreys gave notice of appeal
to the Supreme Court
OTHER DIVORCE CASES.
Lillian Birdie Brown petitions for a
decree of divorce against Edward NJ
Brown, asking that she may be allow
ed to resume her maiden name of LII
liam Birdie Hall. According to the LIBEL
the parties were married July %, l9o4'
but the husband neglected to provide
support for the wife ever since the
marriage and, on August IL following,
deserted her and she believes departed
for California. Mrs. Brown Is the
daughter, by his first wife, OF }. W.
Hall whose present wife is suing for
divorce.
Judge Lindsay granted a decree of
divorce to Full Kagawa against Taxi
hiko Kagawa on default of hbellee.
The alleged ground was extreme cruel
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