The Hawaiian gazette., 1905-12-08
[HE CRIME 4
OF TAKAOA

Judge Lindsay, with counsel and /
court officials. waited 20 hear from the !
jury trying Takada for murder, untn i
n t5p.m Al that hour a verdict OF muir
der IN the second degree was brought /
In. with a strong recommendation that /
the maximum penalty be imposed. The /
jury came to the court three times FOR /
further instructions before making a
finding.
MIR. Perry addressed the jury for the /
defendant IN the morning, and Mr. |
Fleming for the prosecution in the 4
afternoon The jury retired at els and |
shortly afterward was allowed out to
dinner, returning to the jury room at
7:45.
The work OF empaneling a jury began I
on Tuesday, November IL, and a jury
being obtained on November q the ac- |
tual trial then began. This occupied
thirteen court days.
w. 5. Fleming. Deputy Attorney Cen
eral. conducted the prosecution. being
attended throughout by Chester Doyle,
who had worked up the japanese evil
dence. Former Justice A. Perry and IA.
G. Middleditch were counsel for the
defendant.
! A demurrer has been filed by defen-
dant In the assumpsit suit of Seattle
Brewing q Mailing Co. against A. J.
! Campbell, Treasurer OF the Territory,
by NJ f. Prosser, Deputy Attorney
General. 1t is claimed that the action,
If prosecuted at all. should have been
prosecuted against the Territory of
Hawaii Also, that the complaint fails
n Ghn no NJ the
of the action, the money sought to be
recovered was still in the hands Of the
defendant. Also, that it does not ap.
pear that at the time of actual pay
ment of the money by the plaintiff TO
the defendant, THE plaintiff made such
payment invountarily or under duress
or compulsion." The suit is to recover
the amount of license fee paid by
plaintiff as a foreign corporation doing
business here.
LAHAINALUNA SUIT.
NJ. +. Prosser, Deputy Attorney Cen
eral for the Territory of Hawaii, re-
spondent, gives notice of motion TO be
offered in the Supreme Court on Mon
day. TO strike from the complaint OF
Frederick J. Lowrey, George r. Castle
and w. o. Smith, trustees, certain pas
sages mentioned. This is the suit
claiming $4,000 as the value Of the
Lahainaluna Seminary premises.
GOVERNORS RESIDENCE TITLE.
George X. Carter has petitioned the
Court of Land Registration for a reg
istered title in fee simple to land on
the corner of Liliha and Judd streets,
with the buildings thereon, containing
an area of $40 acres The land at last
assessment was valued at $4,000 ana
the buildings or improvements at $780,
900, a total assessment Of $4,000. The
premises constitute the residence Of
Governor Carter.
DIVORCE CASES.
Henry L. Highton has filed an APP
pearance as attorney for Minnie X.
Buzzell in her divorce suit against Per-
cy c. Buzzell.
, Sarah X. Kupau sues Lowell X. Ku-
, pau for divorce on the ground Of fail
? ure to provide maintenance for libel
ant and two young sons. The parties
were married in Honolulu on June %,
1899.
BIG DAMAGES ASKED.
, Vim Searock has brought an eject
, ment suit against HUI Kwong and six
, others for the fish pond Of Kaelepulu
and the stream in connection there
with running TO the sea, at Kailua.
. Koolaupoko, Oahu, also houselot ana
, right of way, claiming $4,000 damages
FORECLOSURE SUITS.
w. o. Smith, as trustee for Mrs. Ann
Lidgate and as guardian OF Frida Gay,
r has brought two foreclosure suits re-
r spectively against Mary ]. Montana,
Y A. A Montana and Alexander CARVE,
= the first for $4,000 and the second for
( $780, with interest added, and the
properties being 49, 100 square feet and
J 46.s27 square feet, respectively, Of land
in Manoa valley.
e THE PEACOCK CASE.
o Judge De Bolt sustained the demur-
: rer of respondents in the quo warrantc
9 suit OF w. C. Peacock and Others
d against W. c. Peacock & Co, Ltd, &c
: inquire into the right OF John g. Roth
@ well and others to hold the corpora.
: tons Offices and control Fifteen days
v were allowed TO amend the petition
4 an immediate appeal to the Suprem'
4 Court also being allowed. c. w, Ash
a ford appeared for petitioners and A
f. Judd for respondents. Misjoindel
q of parties was the ground on which tn
demurrer was sustained.
COURT NOTES.
y Judge De Bolt granted a motion rol
A examination OF judgment debtor In TIL
. case OF II. May g. CO., Ltd, VS.. Wal
!, kiki Seaside Hotel Co, Ltd. Th'
:, judgment is for slOs2.sl and II. X. Mac
) farlane JT, treasurer OF defendant II
= ordered to appear for examination a
o'clock tomorrow morning.
The appeal Of plaintiffs in the suit d
: C. @. Ballentyne and Honolulu Rapit
g Transit g. Land Co. vs.. William o
e Smith, the Pacific Heights Electri'
= Railway co. and C. S, Desky from M
e, decree OF the Supreme Court OF Ha
d wall 10 the Supreme Court Of the Unit
n ed states was yesterday perfected
There are I'VE assignments Of error.
Judge Robinson assigned the case o
Western Iron Works co, VS.. Nicto
Hoffman ana Honolulu Brewing 4