The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-04-03
.htMY HIS OWN
DEPARTMENT
Court Cannot Order Him to
Pay Over Captains
Deposit.

/
i In the libel of the schooner A. J.
! West, wherein five of her sailors seek
S45.45 wages alleged to be due. SIS pas
sage money home to Grays Harbor and
500 for subsistence until arrival home,
/ U. S. District Judge Dole yesterday
afternoon denied the motion of Attor-
ney George A. Davis, for the complaint
ants, wherein Davis sought to- have U.
s. Shipping Commissioner H. N. Amy
ordered to pay the men out of money
deposited with him by Captain Yarne-
referred the taking of evidence In the
case to United States Commissioned
Hatch.
Davis asked that Almy be compelled
to pay to Christian Christensen. John
Fehleson, Victor Matson, Oscar Wrinkle
and Emile Piedvache. $3.50 of wages
the case.
Judge Dole declared that he had no
authority to act in the matter since
the shipping commissioner comes under
another department of the government.
Attorney Davis asked that an order
be issued for the official stenographer,
A A. Deas, to take evidence in the
hearing before Commissioner Hatch.
Davis had 500 from the sailors and he
says Deas wanted all this, SO Davis
secured Stenographer Bell, the court
got $40. Attorney for the compliments
spoke of reporting the Deas matter to
the Department of Justice. Davis also
mentioned it as his intention to report
Almy and have him removed from of
fee. This little ripple OF excitement
served to relieve the tediun1 of legal
technicalities and learned argument
Davis vexation was not more than g.
temporary flash and Commissioner Al
my is not worrying over his job in any
event.
MAY BE INDICTED
The Territorial Grand Jury holds
session at 10 o'clock this morning and
one of the matters which may be
brought TO the attention of the mem
bers is that in which Kalei, a Hawai-
ian, Isl involved. In the petition of the
late F. Wundenberg. who is succeeded
by his wife, Elsie Wundenberg, for
registration of title to a piece of land
on the shore of Pearl Harbor, Kalei,
living on the land and who entered
contest against registration to Wun
denburg, claims adverse possession to
a portion of the property. In his deci-
sion, Judge Weaver of the Land Court,
says that the testimony given by Ka-
lei and the testimony of Wundenburg
convey the conviction that Kalei's
testimony is false and that he is at
a late date trying to make out a case
and has not stopped at absolute con-
tradiction of his own sworn testimony
on a previous occasion. Weaver says
Kalei deserves severe censure and adds
that one cannot contemplate this testi- |
mony without the strongest condemna- |
ton. The court says one is apt at |
first to feel sympathy for the old man |
in danger of losing the home of his /
childhood, burt it appears he is not /
lighting for his home but has sold it |
to strangers. 1t is KaleiS testimony /
that may be brought to the attention
II the Grand Jury. The court finds I
Elsie Wundenburg has title in fee sim
pie, except the portion lying makai of |
he mean high water mark.
OLD CASE BEFORE JURY.
w. c. Peacock's famous ten thousand
lollar damage suit against the then
Sheriff, A. NJ. Brown, Detective H. T.
lake and the then County Attorney,
.. A. Douthitt, is before a jury in
fudge De Bolts court Peacock sues
IN alleged false imprisonment. On De
,ember 3. 1906, he was arrested by Lake
N a charge of selling adulterated liq-
Tor. Peacock was discharged and then
suit for damages. Lake con-
ends that he was but acting in the
inc of his duty in effecting the arrest.
c. w. Ashford is attorney for plain
iff and J. w. Cathcart and Frank E.
thompson represent defendants.
Much time was consumed in secur-
ng a jury.
The following were selected: w. E.
<imball, George Lishman, Charles
lucas, e. V. Dunn, q. Lemon, w. Rose,
:. C. MCGUIRE, J. F. Soper, ]. A. Will
Ter. ]. G. O'Connor. Henry Kaai and
!. Kamakau. The case against Brown
vas nonsuited.
COURT NOTES.
Helen w. Kelsey sues for divorce
rom Henry E. Kelsey, alleging nom
She teaches in a public school.
they were married in Pittsfield, Mass,
seventeen years ago.
The leper habeas corpus cases before
Judge Lindsay have been continued
Until Tuesday next to accommodate at
orneys and others concerned in the
natter.
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