The Hawaiian gazette., 1906-01-26

IN DIVORCE
arrom Thur.aa,-s Adverllserl


pear before judge De Bolt ON Friday
morning az o'clock 20 show cause
why be should not be adjudgcd guilty
~ contempt Of court. for disobeying
the order made on October Is last, In
divorce proceedings, TO refrain from
Interference with and molestation OF
his wife Wahineaukai Lazarus. the IL
bellant A stipulation has been filed
in the divorce case proper, giving the
respondent until Monday TO answer the
complaint. In the meantime the IL
belize is commanded TO desist until the
further order of the court, from inter-
fering with or moesting the libellant
in or about her free right OF locomo-
ton, and OF going and coming where
soever libellant shall see fit. within this
Territory, and to refrain from accom-
panying. following or spying upon her.
He is also ordered to keep away from
his wife's home, a cottage on the ma
kai side of Lunalilo street. between
Alapai and Hackfeld streets. c. w.
Ashford is attorney for libellant, and
j. j. Dunno for lbellee.
In an affidavit Mrs. Lazarus says
that, Notwithstanding the former order
of court, the libellee refused to vacate
the house where they had lived as
husband and wife. They occupied
separate chambers and ate their meals
separately though he provided the food
and she did the cooking. This condi-
ton of life was extremely irksome and
disagreeable to her, but she submitted
to 1t rather than be obliged to leave
he ha
divorce suit. She relates a series of
annoyances from her husband. such
as breaking into her room, following
her and her friend. Mrs. Helen Row
land, to Northumberland and to her
friends home. Here is one count of
her complaint:
THAT almost Immediately after the
beginning of said action, said libellee
began and hath ever since continued
to urge and importune deponent to re-
sumo marital relations with him, and
repeatedly and constantly declared to
deponent that she was certain to lose,
and he was certain to win in this ac-
ton; that he had employed the smart
est lawyer in Honolulu, and that his
lawyer assured him that deponent had
that it would be impossible for depo-
nent to obtain and collect any more
judgment, by way of alimony or other
wise, against llbellee, for the reason
that libellee had made a conveyance of
all of his property to his niece. the !
daughter of his sister, Miss Rosewarne, |
and that both libellant and her lawyer /
would be 'hoka,' to wit, disappointed, !
and put to shame In and about this
action"
1t is mentioned that some correspon-
dence passed between the respective
lawyers, Ashford and Dunno, on the
subject of libellee's conduct as declar-
ed.
Mrs. Helen Rowland, in an affidavit, /
tells about the logging of libellant and
herself to church, the latest occasion
having been Sunday night last, al
though his presence and company We're
protested against by both libellant and
this deponent." She says that during
the progress to and from said meetings
libellee insisted upon talking in loud
voice and offensive manner, concern
ing the matters involved in this ac-
ton" and repeatedly declared then. as
at other times, that he had been in
by his American lawyer to
follow libellant wherever she might go,
to not permit llbellant to go anywhere
out of his sight, and especially to in
sist upon accompanying her to church
services and other church meetings."
On the evening of January IT, LaZa-
rus thrust his company upon depo-
nent and libellant in their attendance
on prayer meeting at Kawaiahao
church, when "deponent and said IL
bellant were so DESTROYS of avoiding
the company of said libellee on said
occasion that they temporarily avoid
ed his sight and vigilance whereupon
libellee "indulged in a game of hide
and seek in and about said church
premises with deponent and said libel
liant, the latter endeavoring to avoid
libellee, and libellee endeavoring again
to thrust himself upon libellant and
this deponent."
COURT NOTES.
Deputy Sheriff Kalakiela has made
return of execution in the case of Ce-
ell Brown, trustee, VS.. r. w. Aylett,
showing the sale at auction to the
trustee, and the delivery to him of a
deed, of two parcels of real estate each
two lots, all subject to a
mortgage to the trustees of Oahu Col
ege.
Kinney, Mechanism & Cooper filed {
4 discontinuance of the suit of Opele
and A. Kaleikau against Y. Ahin and
Woodlawn Fruit Co., Ltd. 1t was an
action of ejectment for over two acres 1
IF land at Kalauao, Eva, with $1,000 {
damages claimed.
Elizabeth McCandless has brought a {
libel in divorce against James McCand-
less, alleging desertion since some time ]
N June, 1897, or about one year after
heir marriage. They have two female
aged respectively nine and
eleven years.
f. ]. Tesla appeared in his own be-
half before Judge Lindsay to move for
on the calendar of his
suit against J. p. Kahahawai ct al,
which was stricken of for lack of
W. C. Achi and Enoch
Johnson were formerly his attorneys
and the case had upon It the moss OF