The Hawaiian gazette., 1905-02-17
BROTHER
OF JONES

PENDANT, was on the witness stand Il
+, the murder trial most of yesterday
His story was largely OF the defend
ants worrying about his wife to thu
extent. after the divorce. of plning ava!
considerably in physical condition. Tn,
defendant had been seven months alb
staining, when he began to drown hi
feelings in Madeira wine varied by al
occasional nip OF whisky.
| Previous to the calling of Jones tn,
cross-examination of Martin was con.
Guided and for a quarter OF an houi
before adjournment at 4:30 p. m. Ed.
ward Woodward was on the stand.
The day was as prolific as usual o.
objections from counsel on either sid,
to the evidence sought to be ELECTED
by the other.
FISHERY RIGHTS ESTABLISHED
Three decisions have been rendered
by Judge De Bolt establishing vested
rights in ea fisheries under the Or
ganic Act, and pursuant to the decision
of the United States Supreme Court IL
the Damon case.
Rev. II. II. Parker is plaintiff in the
first judgment given, his fishery being
that Of Kalokohauahu. district of Koo-
laupoko, island of Oahu.
The Territory of Hawaii, defendant
admitted that said fishery as set out
and described in plaintiffs complaint
herein was awarded and confirmed to
Kamakahonu by Royal Patent 715S, l..
C. A. SO. and that plaintiff has an abb
solute estate in fee simple in said fish
cry.
Following the case of Damon VS..
Hawaii, 1874 U. S. 1884," the decision
runs, the court finds that plaintiff has
a vested right as owner in said sea fish
cry, and let judgment be entered es-
tablishing his right to said fishery"
Grace Kahoalii's case Is next in order,
though final papers are not completed.
Her fishery is in or near the the ahu-
puaa of Papaakoko, district of Koolau-
loa, island of Oahu, and was devised to
her by the will of Queen Emma. whose
title vested in Royal Patent $3.50, L. c.
A. 22S9, apana to Kauhola.
William G. Irwin has a vested right
established in the fishery of Panahaha
at Kaneohe, Koolaupoko, Oahu, found
ed on the award to w. Harbottle by R.
p. No. $3.50.
Cases of fisheries not specially men,
toned in the ancient conveyances OF
land in front of which they lie are still
pending decision.
PACIFIC HEIGHTS RAILWAY.
New blood was injected into the dis
pute over the confirmation of the sale
of the Pacific Heights Railway Co.'s
property at the continued hearing be.
! fore Judge Robin on yesterday. C. S
| Desky. who, the previous day, as hi:
own advocate, had to contend with 6
host of trained lawyers, now came int,
/ court with Thayer e Hemenway a.
counsel for him. They asked for {
continuance to enable them to look into
the matter, which was granted Ceci
Brown. the principal bondholder, at.
4 tended this session.
QUEEN EMMAS LANDS.
! The Queens Hospital by its treas.
urer, e. F. Bishop, answers the bill OF
complaint of Bruce Cartwright, trus.
tee, among other things saying:
( THAT it denies that it is uncertain
whether or not the several parcels OF
land enumerated in said bill of com.
plant should be turned over to the
Queens Hospital, and it alleges anG
claims that the possession of said lands
should be delivered by said plaintiff tc
this defendant
The lands in question are of the es.
tate of the late Queen Emma, certain
life beneficiaries of which have died.
PROBATE.
C. Schoellkopf was appointed guard
an of Samuel Spivak, a minor, b,
Judge De Bolt. The minor has no estate
but his father is dead and his mothe
living in New Haven, Conn.,, and h,
desires to enter the U. S. naval ser
vice as a seaman apprentice. whicl
he, cannot do without the consent o
his parents or guardian.
The value of the late William Fran
els Loves estate is returned at $251
by Harry Armitage Charles Chilling
worth and C. A. X. Hopkins, ap
praisers.
Judge Robinson approved the fina
accounts of X. Yamamoto, administra
tor of the estate of Fukujiro Niiya
deceased.
The estate of the late Eduardo Jos
Teves is valued at s137S.45 in an in
ventory filed by Caroline Teves, ad
ministratrix.
X. Ono's final account, as admins
traitor of the estate of NJ. Ohkabara
deceased, shows receipts of $2SS.O5 an
payments of $3.50.
William r. Castle was appointed ad
ministrator of the estate of Kamalc
or Henry Hawai-, deceased, under $40
bond, by Judge De Bolt.
DIVORCE.
Zuru Ozaki sues her husband, TIA
suke Ozaki, for divorce on the groun
of failure to support her. They wer
married in Japan on September 20. 1879
and have no children.
Judge Robinson signed an order re
quiring Thomas Dickson to furnis
!. reasonable security for the payment {
: alimony to his wife under the deere
of divorce granted to her.