The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-06

M. Ballou and Arthur A. Braymer
Iwere the witnesses called yesterday. in
iJudge Lindsay's court, for the plain
tiff in the $4,000 libel suit Of Sidney
NJ. Ballou, attorney, against Samuel
Parker, capitalist. Following Bray
mer the plaintiff was recalled to the
Istand, holding it until adjournment at
+ O'Clock.
/ y great many documents We're put
in evidence, connected with the famous
contest for licenses from the Govern
ment to construct the Hamakua and
Kohala irriga ton bitches.
| The suit is on account of charges
made against Ballou in an affidavit by
| Parker in the Annie T. X Parker,
minor, guardianship case. alleging that
he played false to Parker in that mat
ter as a former client of his in the
ditch business. It's conclusion was in
substance that BalIou was unfit to
practice law in any of the courts of
the Territory.
Mr.. Ballou on the stand denied that
he was personally connected with the
ditch negotiations, although his for
mer law frm-Kinney, Ballou & Nc
Clanahan-Were consulted by some of
the parties. Further he testified that
the land of Annie T. X Parker was
not on the line of the ditch at the time
in question under consideration. There
were two distinct propositions with
respective water sources, one being to
irrigate the Hamakua and the other
the Kohala plantations. Asked if it
We're true that he was unfit to practice
law the plaintiff answered.:
! L do not consider I am. If that was
true it would have been brought be-
fore the appropriate tribunal long
ago."
j. Alfred Magoon, who drew the
Parker guardianship pleadings con-
Quoted the cross-examination of Bal
lou. r. w. Breckons and former Jus
tlce w. a. Whiting are associated with
him as counsel for the defendant. A
c. M. Robertson conducts the case for
the plaintiff, assisted by Robbins B.
Anderson of Ballou & Marx.
EXCITEMENT DECISION.
Judge Lindsay rendered a decision
in the eJectment suit of Agnes G. Gait
VS.. Lula Waianuhea, finding for the
plaintiff for the recovery of the land
without damages, costs to be paid by
the plaintiff. The decision is in ac-
cordance with a decision of the Su-
preme Court on questions reserved, and
! the conditions as 20 damages and costs
/ are the result of agreement in open
| court. When the case came back to
| the Circuit Court no new evidence was
offered, hence only one decision was
possible. The land in question is $3.50
/ square feet at Kawananakoa, Homo
| lulu.
PROBATE MATTERS.
| w. O. Smith, in various fiduciary
capacities, yesterday had accounts APP
proved by Judge Lindsay as follows:
! Annual account as trustee under the
will of Achi K. Akau, with receipts
$991.76 and payments $96244.
Annual account as trustee for Achi
K. Akau, a minor, with receipts $50
and payments s21605, making bal
ance due the guardian s126.O5.
Account as guardian of Billy Bray,
a minor, with receipts $42S.7O and pay
ments $230.25.
Account of w. o. Smith and A. F.
Judd, trustees of j. H. Wood trust
with receipts $2116.97 and payments
$1603.30, leaving a balance of S513.67
Securities and cash in the trust amount
to s799s67.
Judge Lindsay approved the ac-
count and granted the discharge of
VIM. K. Rees, executor of the will of
kealoha Rees balanced at $685.
Maria da Luz Medeiros, executor of
the will of Joao Comes Medeiros, has
filed an inventory of the estate. show
Ing house and lot at Kalihiwaena
$500, and cash in Bishop & Co.'S bank,
S2050 a total value of $3.50
COURT NOTES.
August Hamburg demurs to the
complaint of John c. Searle, sheriff |
of the Island of Hawaii, in which |
$1,000 is claimed as the bid for certain
property sold under execution BY his |
attorneys, Thompson & Clemens. he /
says it does not appear from the
complaint that the court had jurisdic-
ton to issue the alias execution
L. M Whitehouse by his ATTORNEYS. |
Thompson & Clemens, enters a general |
denial to the complaint of G. J. Nc |
Carly upon a claim under a road |
sub-contract.
c. Q. Hop & Co. by their attorney.
E. A. Douthitt, demur to the COM |
plant of the Metropolitan Meat Co.
Ltd, alleging an improper joinder of |
two causes of action
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