The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-11-11
No ALIMONY IF
SHE REMARRIES
Post Divorce Agreement En-
tered Into by the
Gays.

To get onehalf the income of her
ex-husband 5 estate as long as she lives
and remains unmarried, is what Mrs.
Rea Jane Gay accepts in lieu of the
alimony allowed by the court.
Mrs. Gay sued her husband for di,
vorce, alleging habitual lntemperance
Judge Lindsay found the allegation true
and gave her the divorce with the Gus
tody of their two children Eva, aged six
years, and Beatrice, aged four weeks.
The decree was entered yesterday. 1t
provides for alimOny in accordance with
an agreement flied with the decree. BY
this agreement Llewellyn Napela Gay
conveys to his ex-wife One-half Of ali
income that shall come to him from his
share in the estate of his late father,
James Gay. The trustees under his faith,
RS will are authorized to pay over
this portion of the annual income as
long as she lives and remains single.
Should she die or marry during his life
this income reverts to him but the Cir
cult Court may provide equitable and
reasonable maintenance for such of the
children as are then living during their
minority.
Illicit Distilling Charged.
The trial of Otzuka on a charge of
illicit distilling was begun yesterday
before Judge Dole. The following jury
was selected:
J. P. Cooke, Fl. F. Wichman, Benja-
min H. Clarke, Anthony NJ. Gilman, R.
w. Podmore, August H. R. Vierra, Fred
B. Damon, c. T. Rodgers, r. c. Searle,
Sam Kauhane, Clement Smith and Sam.
uel X. Nainoa.
The Koki Cases.
The cases against Moses Koki of Wal
mea, Hawaii, were set for next Monday
before Judge Dole have all been con.
tinued until the Monday following.
Deputy United States Marshal Harry
Holt left yesterday by the Mauna Kea
to subpoena thirty witnesses in these
cases.
To Save Wynne's Neck.
In the United States District Court
yesterday Frank Thompson, attorney
for John Wynne, gave notice that on
Friday he would move in arrest of judg
ment. In support of this motion he
will again raise the question of Juris |
1ictiOn.
Thompson also announced that he had |
called for a transcript of the evidence )
On which to base an appeal. The APP |
peal if taken will be to the Circuit |
Court of Appeals for the Ninth Circuit. |
Hatch Resigns.
The resignation of Frank L. Hatch, |
clerk of the United States District |
Court for the District of Hawaii, was
received by Judge Dole yesterday. 1t |
S to take effect on Monday. A. E.
Murphy, the present efficient deputy |
,lerk, who has been conducting the Of
ice during the months of Mr.. Hatch s ,
absence, will be appointed. He will be
sworn in on Monday. He will give
pond of $4,000. J: P. Deas, at present
court stenographer will be appointed
leputy clerk.
Action Approved.
United States District Attorney
3reckons yesterday received letter
rom Washington approving of his ac-
ion in appealing from the decision
# Judge Dole in the Augusta Walsh
ase. In this case Judge Dole held that
trial in the Territorial court on a
harge of adultery barred prosecution
or the same offense in the United
states courts. Breckons took an appeal
rom this decision.
His Failing Fortunes.
Hoffschlaeger & Co. have levied an
ttachment on the property of H. f.
singer to secure the payment of claim
f $3.50 for flour sold the defendant.
.ater in the day Singer filed a petition
n bankruptcy giving his liabilities as
2996S4, and his assets as $13S497.