The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-03-06
.HAbEAS CORPUS
WRIT IS DENIED
tFrom Wednesdays Advertiser)

tFrom Wednesdays Advertiser.)
Judge Lindsay yesterday morning de-
MED the petition for a writ of habeas
corpus of Tatsugoro Funakoshi, under
sentence of thirty years for murder in
the second degree imposed by the late
Judge Little. G. a. Davis for petition
er gave notice of appeal to the Supreme
Court of Hawaii and the United States
Ninth Circuit Court of Appeals at San
Francisco.
Zone at time, please" Judge Lind
say observed.
WHITNEY CONTEMPT CASE.
NJ. B. Silveira and Silveira 4 Co., by
their attorney, A. G. NJ. Robertson, re-
ply to the return of w. l.. Whitney,
administrator of the estate of C. Ali,
deceased. Their statements condensed
are as follows:
They were among the creditors of the
estate between whom Judge Gear or
dered the administrator to prorate mon
eys in his hands, paving each creditor
forty per cent of his claim.
They admit that, prior to June 10,
1904, the respondent offered to pay
them $642 as full satisfaction of 40
per cent of their claim, but deny that
at any time since that date respondent
has offered or been willing to pay them
the sum mentioned or any sum, al
though he at no time denied that they
had valid claim against the estate.
They are informed and believe that
the order by Judge Gear directing the
respondent to pay certain moneys to
one QTai Far was subsequent to the
ha Il Il
ready mentioned.
They deny that the payment to Quai
Far exhausted the available money of
the estate and allege, on information
and belief, that on March ., 1904, after
the payment to Quai Far, the admin
istrator had on hand '$l10407, and on
June 10, 1904, ss17.3S, and that there
after and prior to the fling of his final
accounts, he received further sums and
more than sufficient to pay these NOV
ants in full for their claim of $4,000.
They deny that c. Bolte was person.
ally notified by the administrator that
he had filed his final accounts and that
these had been referred to master.
They deny that the respondent has
been finally discharged as administra-
tor, and allege that the purported dis
charge as such "was obtained upon re-
spondent s false representation that he
had complied with all prior orders of
this court regarding the administration
of said estate.
Wherefore these mOvants pray that
the respondent herein, the said William
l.. Whitney, be adjudged guilty of con-
tempt of this honorable court for fail
ing to obey the said order made and
entered herein on June 10, 1904 -
THE MAHUKA SITE.
Judge De Bolt denied the motion of
j. F. Hackfeld, trustee for Heinrich =.
and Paul Ehlers, to set for hearing the
suit of Marston Camp
bell, Superintendent of Public Works,
against John NJ. Mahuka and others,
for lands needed to extend Bishop street
from King to Merchant. II. E. Cooper
for movant, Attorney General Hemen-
way against. The suit is in pursuance
of the Territory's part in obtaining the
Mahuka site for a Federal building.
DIVORCE CASES.
j. G.. NJ. Sheldon, the well-known
Hawaiian interpreter, is suing Amalu
Sheldon for divorce. j. NJ. Poepoe be-
ing his attorney. They were married in
August, 1892, and it is alleged that the
wife deserted her spouse about the
year 1899 and that ever since they
have been living apart. They have one
son and five daughters, one of the
daughters being married and the rest of
the children living with the libelee. 1t
IS prayed that the custody of the chill
lren be granted to the ibelee.
Keoholiko Kaehuokalani sues Kae-
for divorce on the grounds
If extreme cruelty and non-support.
They were married January Z, 1901, at
eva. j. Mokuohai Poepoe is attorney
or libelant
Hung Lang, otherwise known as
Mrs. All Sal. brought suit for divorce
N February 90 against All Sal, alIeg-
ng failure to provide. They were
married October 10, 1907, but since Nov
.mber 2, the wife says, All Sal has
and refused TO provide main
enance for her. All Sal under datal
# March 2 admits all but the cause
lleged for divorce, valves all further
lotice of hearing and prays that the
ibel be dismissed.