The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-05-18
WH|TNErS COURT
NOW IN SESSION
tFrom saturdays Advertlssr.l


The legal machinery of Judge " nat.
ncy's court began turning yesterday
morning. the first case coming under
the consideration Of the new judge be-
ing that of Lilikalani Fern ct al,
against Becky Chong ct al, on a bin
for the partition Of land on which
Judge Lindsay had rendered Judgment
in suit for cjectment The problem
involved Is to determine the equitable
division of n tract of land, ON one por-
ton of which is n dwelling of some
value. Tho property has frontage on
a lane between Vineyard aud School
streets.
Judge Lindsay found that the plain
tiffs in the first action for ejectment
were entitled to an undivided one-half
interest in the property, and that the
plaintiffs would also have n preference
in that portion including the house, il
they paid over to the defendants tho
sum of 5000. 1t now remains to deter.
mine the value of the house and for
that purpose John Marcallino was ap.
pointed a commissioner to appraise the
dwelling.
Straus Must Explain.
1t appears that Attorney Leon Straus
Will nave oOEit
by reason of his connection with the
divorce action instituted by Nellie
Thomas against King Thomas. on the
grounds of desertion and non support
According to the statement that was
made in Judge Do Bolt Is court yester-
day by the father of the plaintiff in
the case, the sum Of $35 was paid to
Straus as an attorneys fee and the
costs of court, for which receipt bear
ing Straus s signature was received. No
money for costs was paid into court,
and in an effort to secure some enlight-
| enment on the transaction, Judge De
Bolt detailed Assistant Clerk Hopkins
| to search for Straus and ask him to
appear and explain his action. Judge
De Bolt intimated that the case bore
a serious aspect, but said that he wish
ed to give Straus every opportunity
to present his side of the case before
taking action.
The decree of divorce was granted,
Mrs. Thomas and her father taking the
stand and testifying that Thomas has
not contributed anything to the sup
port of herself or children for the past
three years. Thomas was ordered to
pay the costs of $l3 and $25 attorney
fees to Glenn Quinn, who represented
Mrs. Thomas in the court proceedings
yesterday. The money that was paid
by Mrs. Thomas father to Straus VIII
be refunded when il is secured.
A motion for the appointment of
commission to take the deposition Of
4. b. Within of Whitinsville, Mass,
was filed yesterday ms the aftermath
of "A suit that was brought against him
because of n collision between his auto
| la haa .atatn mt ta.
ing Henry Gumpfer. The petition asks
for the appointment of Samuel Lynn
or Charles II. Parks, both of Whitins-
, yille, as commissioners.
Physicians at Law.
: A complaint was filed yesterday by
, A. q. NJ. Robertson for Drs George Her
bert and st. ID. G. Walters--under the
firm name of Herbert and Walters
against |. r. Burns and the First Ma
tional Bank, garnishee.
The complaint recites that on March
, last, an operation was performed by
/ the physicians upon the wife of the
} defendant and that the stipulated pay
, ment agreed between Burns, Walters
} and Herbert was 5000, this amount also
including the incidental medical treat
ment before and after the operation.
1 The complaint states that Burns has
g declined to meet the obligation. which
S the physicians say was contracted, and
e that they do not know of any property
@ upon which they could levy upon for
! the debt. Upon Information and be.
0 lief, F." however, it is stated that Mr..
n Burns is depositor in the First Ma
s tional Bank and the service of "A sum
9 mons upon the bank is asked to show
!. whether Burns is depositor.
= Charges by Wife.
g Alleging that her husband has secur-
ed her commitment to the insane asy-
s lum twice by false representations,
@ Josephine Ferreira has filed libel for
z divorce against Recarda SouZa Ferreira.
y In the complaint it is stated that Mrs,
e Ferreira was first sent to the asylum
l. on October IL, 1907, and released in
g February of 1908. 1t is declared that
e there was no reason for the commit
l. ment to the asylum and that it was
t procured through misrepresentation.
e In the March following, Mrs. Ferreira
IL was again sent to the asylum. The com
m plant states that she fled to the street
IN when threatened by Ferreira, and thai
this incident was used to show that she
he was mentally irresponsible. Mrs. Fer
reira asks for the custody of the two
year-old child of the union, and sucl
~ other provision for her maintenance and
support as the court may direct.
Court Notes.
The three indictments pending against
Yoshitara Abe, the japanese forgeE
. were stricken from the calendar By
. Judge De Bolt yesterday, to be moved
M ON again in the event that another
~ attempt is made to extradite Abe.
A petition for letters of adminstra
ton on the estate of Lem Zip wal
filed yesterday by the widow, Ian Shee
The property is valued at about $1,000
--s>'s.-----