The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-09-14
FIST BLOW
HOMICIDE


was begun In Judge De Bolts court
yesterday. Deputy Attorney General
Prosser is prosecuting, and Henry Hoo
gan defending. Bruce Hartman. VIM
Klmball, Chas. Pfeiffer. John r, Soper
Geo. Cowun, Allan $. Walker. Bert
Courtney. Jas. Il. Jaeger, Manuel Frei-
tas. F. ], Smith VIM. Akcrman and
W. g. Gilman are the jury.
Defendant is accused of killing q
| Chinaman at Kalihi by. blow with his
fist. At first the charge against him
was murder but 1t was changed tc
manslaughter.
THE wIFE's INTEMPERANCE.
Nun Sung was granted divorce
by Judge DE Bolt against his wife
Kamakawela Nun Sung. OH the ground
OF habitual intemperance. They were
married in Honolulu on May is, 1904,
but ever since August the same year
have been living apart Frank Andrade
prosecuted the libel.
THE BoARDMAN ESTATE.
Juu6t 1t Dull approNtu the btCOuu
annual account of Cecil Brown. trus-
tee of the estate OF George Z. Board
man. deceased, showing a balance of
$32I27 due trustee. Receipts were
1855 and payments s1ls2.27. In his re-
port the trustee states that the in
come for the year has been insufficient
to wipe out n debt of s6s.47 due him in
previous years account, and owing to
the payment of fire insurance premi-
ums and other necessary expenditures
this indebtedness has increased to
SS27.21. He concludes thus:
THE trustee has endeavored to sell
the real estate upon which the family
residence was situate before It's being
destroyed by fire, and which real es-
tate is unproductive but cannot OBJ
tain the price which he deems 1t is
worth. Could this property be dis
posed of and the proceeds invested.
after paying off an Indebtedness of
$500 owing by the estate and secured
by mortgage, the devisee under the
will would receive an income but in
tho present condition and from the
realizations no income Is or can be
paid to Louise *. Dods, the beneficiary
under the WILL"
BRIEFS ON APPEALS.
M. F.. Prosser, Deputy Attorney Gen.
eral, has filed brief for the assessor,
appellant, in the tax cases of Laupa-
hoehoe Sugar Co., Union Mill Co., Wal
akea Mill Co. and Hamakua Mill Co.
Ballou & Marx have filed brief for
defendants, appealing, in the celebrated
ejectment suit of Charles A. Brown vs..
John n Sprackala and nj borg
Castle 4 wilmington have filed a
brief for appellant in the tax appeal
case NJ oahu Railway & Land Co.
Samuel Noar and c. A. Long for de-
PENDANT, appellant In the suit of Ha-
waiian Trust Co. VS.. Mile Morris, filed
a brief. Ballou & Marx in the same
case filed brief for plaintiff, to which
Noar and Long have filed reply
brief.
RULINGS DEEMED OBSOLETE.
Carl s. Smith, in his brief on the ap-
peal of Morlta keiZo by writ OF error
from conviction of murder in the
Fourth Circuit Court, assigns as error
The courts ruling out OF evidence to
show the character of the deceased
or viclousness. combativeness. turbu-
ence, vindictiveness and other desper-
lte and dangerous traits" II was
sought to be shown that at some time
before the killing the deceased had at
acked one Kobataki, which attack
vas known to the defendant at the
line of the killing" The attorney for
he appellant represents that the court
'uled in this matter on the strength OF
orecedents that have become obsolete.
He quotes many late decisions in sup
,ort OF the contention. Self-defense
vas defendants plea.
COURT ITEMS. !
John Kidwell has petitioned the Court
II Land Registration for title to
and In Manoa assessed at $107O5 and
ubject to two certain leases.
Judge Robinson held no jury trial
yesterday and his jurors are excused
NTH Monday.
w, C. Achi will on Monday move for
plaintiff that a day be set for hearing
he assumpsit suit Of Il. w. Holt vs..
Vaialua Agricultural Co.
Judge Robinson decided for plaintiff
n the foreclosure suit OF August Dreier
g. j. d. Holt.