The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-08-20
SIMS MAKES A
VIOLENT SPEECH
Accuses Thayer of All Sorts OF
Things, but at Last
Resigns.

the files w. w. Thayer's petition to
have him removed as master in chan
Gerry in the case of Whitehouse against
Thayer, trustee, etc, and making a
violent speech against Thayer, W. R.
Sims resigned as master, and L. c.
Ables was appointed in his place.
The original proceeding was White
house VS.. ]. H. Wilson, and was for
an accounting of the partnership.
Wilson became bankrupt and Thayer
became his trustee in bankruptcy and
was substituted for him as defendant.
He has been trying for some time to
get Sims to make report on accounts
of the partnership, and last June he
secured an order from the court di-
recting an immediate report. This has
not been made, and finally Thayer filed
petition for a rule to show cause why
he should not be removed.
Yesterday was the return day, and
in the morning Sims filed a motion to
strike the petition from the files. In
his motion he said the petition was
impertinent, fallacious and based
wholly on personal malice.
THAT the said trustee, in order to
crafty his malicious, spiteful and in
finitesimaI nature, has so paraphrased
said petition and couched it in such
language and omitted to state facts.
as to bring this respondent through
it's publicity into d position of odium
and contempt, without regard and ir-
respective of the real merits of the
subject in issue.
1.-The petitioner has lied absolutely,
unblushingly and intently, in stating
the premises leading to the quoted re-
marks of respondent, in the conversa>
ton alleged in said petition as of Au-
gust Is, 1907, between said petitioner
and this respondent"
There were other similar charges in
the motion. Judge Lindsay set the
hearing for 1870 o'clock. At that time
Sims made an oral argument along the
lines of his written motion, in the
course of it using language for which
Judge Lindsay sharply rebuked him.
He declared that no other man but
himself could so we'll untangle the jun
bled accounts of the partnership. He
repeated his charges of malice on the
part of Thayer and accused Thayer Of
efforts to injure him and members OF
his family.
When he finally offered to resign.
Judge Lindsay very promptly accepted
the resignation, and L. c. AbIes was
appointed. The matter was referred
to Sims about eighteen months ago.
FISH OR CUT BAIT.
In the case of the Territory of Ha-
waii VS. All Sing and sixty-seven
others, Deputy Attorney General Pros
ser has filed a motion in the Supreme
Court asking for an order requiring
the defendants to elect whether they
shall rely upon the bin of exceptions
filed in the case or on the writ of error
issued ont of the court.
A CASE OF ESTATES.
Final judgment has been entered in
the case of F. H. Hayselden, admin
istrator with the will annexed of the
estate of Walter Murray Gibson, de-
ceased, against William H. Pain and /
Elsie S. W Neumann, executrix of
the will OF the late Paul Neumann. The |
court orders the payment by the Glib |
son estate to the Neumann estate of
1896 5, and by Pain to the Neumann |
estate of $S105.S5.
DIVORCE GRANTED.
Judge De Bolt yesterday granted a |
divorce to John z. Roberts from his |
wife, Maria Isabella Roberts.
SALE REPORTED.
Commissioner NJ. T. Simonton report
ed to the Circuit Court yesterday the
sale on Saturday, to foreclose a mort
Of nix of
$50 in the proceeding of the trustees
of the estate of the late S. c. Allen VS..
Keaulama ct al deficiency of 81
112.45, exclusive of commissioners fee,
resulted.
ADMINISTRATORS DISCHARGED.
Yesterday Judge De Bolt approved
the final accounts of Charles Bon, adj
with the swill annexed of
the estate of Louis Marks, deceased.
The administrator charged himself
with $S956.41 and credited himself with
S7994.77, leaving a balance of cash, of
$961.64. Besides this the estate includes
land of no value in Tacoma, land in
Hawaii, four shares of the stock of
Hamilton & Kenny and an in
terest in a policy of life insurance on
the life of w. Larsen. The inheritance
tax on the estate was $105.23.
Judge De Bolt approved the final ac-
counts of Carlos A. Long as admins
traitor of the estate of Flora ]. Long.
LIQUOR LAW TEST CASE.
In the case of Jacintho Miguel VS..
:. G.. Ballentyne ct al, Judge De Bolt
'et the hearing of the demurrer for
September 10 at 8 a. m. There are
'ther cases which will decide the same
ssues which it is expected will be de-
ided before that time.
DEFICIENCY JUDGMENT.
A deficiency judgment for s1107.72
vas entered in the Circuit Court yes
erday in favor of Henry Smith, trus-
ee, VS.. Raymond and Mary Reyes.
NOTES.
The Territory's bill of exceptions in
IS appeal in the case of Territory of
laval VS.. Kapiolani Estate and Nc
'ryde Estate was filed yesterday in
ne Supreme Court.
In the Supreme Court yesterday the
ases of Ernestberger VS.. Nahau eft al,
KT,s