The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-05-26
TRIAL UPON
HYPOTHESIS
(From Thursdays Advertiser.)

(From Thursdays Advertiser.)
DR.. ]. T. wayson followed DR.. Hum
phris, after brief cross-examination
of the latter, as an expert witness for
the defense in the Naone murder trial
yesterday. He testified from per-
sonal examination of the defendant as
well as upon the hypothetical question.
In both regards his evidence went to
place Naone in the epileptically insane
class. Epilepsy, according to the doc
tor, was a symptom rather than a
cause of insanity. Its manifestations
varied with conditions and circum-
stances in the life of the subject.
Sometimes he would pe excited, and
again morose. Criminal acts might be
done unconsciously by an epileptic,
though sometimes come to his remem-
brance later. The presence of the
disease usually became known to in
expert observers through fits or con-
vulsions, which in time affected the
brain tissue and brought about demen-
tia. AS a rule victims of epilepsy took
on flesh, but this might be checked IL
the disease interfered with digestion.
DR.. Rossiter, assistant surgeon of the
U. S. Navy, was the next witness. Part
of his evidence was to the effect that
an epileptic might go on for years
performing the routine duties of a
vocation and do nothing out of the
way.
SUMNER GRANT CASE.
'Dowsett Co., Ltd, VS.. Male Kaau-
ku ejectment, came on for trial before
Judge Lindsay yesterday morning. S.
NJ. Ballou and r. b. Anderson appear
ed for plaintiff, and Henry Hogan for
defendant. The land is piece near
Oahu prison, on which the defendant
cultivates flowers for the trade of a
flower-seller. She claims her family
has held the land under deed from Will
liam Sumner, the, original grantee of
the Land Commission, for fifty years.
John X. Sumner, who sold land in
Guiding this piece to the o. r. & l..
Co., was called as a witness for plain
tiff and, on objection to certain ques-
ton on cross examination, Mr.. Hogan
said he would call him again for the
defendant.
The jury as finally accepted consist
ed of l. Livingston, ]. NJ. Camara, A.
X. Jones, K. b. Porter, A. e. Murphy,
r. Weldon Geo. Johnson, II. Rivers,
E. E. Hartman, j. A. Aud, ]. E.
| Goeas and A. Winterstein.
LAND TITLE GRANTED.
Judge Philip l.. Weaver of the Court
of Land Registration has rendered a
decision on a petition of Emil KLEIN
me for registration of his title to lot
of land on Alapai street, Honolulu, in
favor of petitioner Helen Rowland
and James Prosser had contested the
petition on grounds similar to those
presented in the other courts in the
cases of Honolulu Investment Co. VS..
Rowland and Godfrey VS.. Rowland
The decision concludes:
II find that Emil Klemme has a
good title as alleged and proper for
registration, subject to a mortgage for
the sum of $500 dated April 10, 1908,
to S. c. Allen" etc.
COURT NOTES.
Summonses have been returned I'M
served in two divorce cases, the off,
GERS having been unable to locate the
libellees. One is that of Hatsu Sa-
kato against her husband, Masayuki
Sakato. The other Is that of Rose
Couta Martello against Antoine Marti-
ness Martello.
VIM. L. Whitney, administrator of
the estate of C. Ali, deceased, sues
John Ross for $40 with legal interest
from November u, 1904, attorneys fees
and costs.
Judge Lindsay approved the accounts
and granted the discharge of Pahia
Mahuka, executrix of the estate of
Kawaihaunuiokahoup alias Ka-
waihau Mahuka, deceased.