The Hawaiian gazette., 1907-10-15
A FORENOON
Of ARGUMENT

In the case of Lowrie VS.. Baldwin
and others, the whole forenoon yester-
day was occupied in the argument of
the motion of the plaintiff to strike
from the files the affidavit of William
R. Castle in support of the defendants
motion to stay proceedings in this
case, on the ground that the affidavit
is scandalous and impertinent. While
Judge Robinson said it seemed to him
clear that parts of the affidavit were
without relevancy to the matter at
issue, still so long as there were parts
of the affidavit that were not, and
might aid the court in arriving at a
correct judgment of the matter, he
would not strike out the whole affi-
davit, nor, on a general motion to
strike out, would he strike out parts
of it. The case then went over until
this morning, when the plaintiff may
file a motion to strike out parts of
the affidavit or may file counter affi-
davits. The next motion in order to
be argued is the motion of the defend
ants to stay the proceedings in this
suit unless the plaintiff dismisses the
suit against the same parties, concern
ing the same subject matter, which
was commenced a year ago in Boston
and is still pending.
After that there is a motion of the
defendants for an order permitting in
spection of certain documents.
BEFORE LINDSAY.
Mage and Seyo, two Japanese who
have appealed from a conviction and
sentence for assault with a deadly
weapon, were released yesterday by
Judge Lindsay on $1,000 bail each.
In the case of Har Hak Sac VS.. PAX
Lung Kwon, the motion of the
plaintiff, to require the defendant Yei
to file a bond to cover the amount
of the execution in the case, was
heard by Judge Lindsay and taken
under advisement.
IN PLACE OF BALLOU.
Judge De Bolt sat in the place of
JusticeBallou yesterday in the argu-
nent in the case of the Oahu Railway
md Land Company VS.. James Arm
strong, Ballou having been attorney in
he case for the railway.
LETTERS ISSUED.
Judge De Bolt yesterday issued let
ers of administration to George Ward
m the estate of his brother, James
Ward, deceased. The heirs at law are
son twenty-five, and three daugh-
ers, all younger. the youngest eleven
APPEAL FILED.
The appeal from the decision and de-
rec of the Court of Land Registra-
ion on the petition of Levers & Cooke,
Or a registered title to property at
he corner of Queen and Punchbowl
treets, has been filed.
APPEAL FROM MAUI.
A. Enos and ]. v. Maciel, two of the
under the will of Augustine
NOS, deceased, have appealed to the
upreme Court from an order of Judge
.epoikai approving the accounts of T.
/. B. Lyons, another of the executors
SUPREME COURT.
In the Supreme Court yesterday the
use of the Oahu Railway & Land Com
any VS.. James Armstrong was argued
nd submitted.
FINAL ACCOUNTS.
Judge De Bolt yesterday approved
lie final accounts of Esther K. Ruther-
,rd as administrative of the estate OF
Gorge Nelson Rutherford and granted
er petition for discharge.
DEFAULT ENTERED.
Default was entered by Judge De Bolt
esterday against the defendant in the
Use of ]. T. Warren doing business as
onolulu Photo Supply Company
yainst H. E. Wilson with the Terri
rial Auditor as garnishee.
DEMURRERS FILED.
In the suit of Nishi Okla against the
onolulu Rapid Transit & Land Com
my for damages for personal injuries,
e defendant has filed a demurrer de-
airing that the complaint does not set
it in what particulars it was careless
negligent, or what the negligence is
it'll which it is charged. A similar
murrer was filed in the case of Yoshi-
OTTO VS.. The Rapid Transit Company.