The Hawaiian gazette., 1909-07-09
SIX MONTHS FOR
EDWARD PARKER
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Edward Parker, the negro, was yes
terday sentenced by Circuit Judge Whit
ney to term of six months imprison-
ment in the Territorial prison, the jury
in the case having returned q verdict
of guilty of assault and battery, the
maximum penalty for which was inn
posed by Judge Whitney.
The jury in the case retired for its
elaboration in the morning and at the
noon hour the announcement was made
from the jury room that the division
was six to six, with no possibility of
verdict being returned. Luncheon SEEM
ed to have good effect upon the jurors,
however, and compromise verdict was
finally reached, Parker being found
guilty on the minor charge. The orig
inal accusation against him was cas-
sault with weapon obviously and i'm
minently dangerous to life," in this
case n bottle with which Parker struck
Police Officer Apana.
1t was the intention of the prosecu-
ton to allow Parker to leave the Ter
ritory after he was released on bail,
but he declined to take advantage of
the opportunity and his conviction yes
terday was the result of his desire to
remain in Hawaii, even if he had to be
in prison for awhile.
Wife Must Pay.
Through a decision by the Supreme
Court yesterday on the exceptions from
the Circuit Court in the case of n. 8.
Sachs Dry Goods Company, Ltd, against
Annie X. Hart, the defendant being the
appellant, it is held that married
woman can make contracts for the pur-
chase of necessaries for which her hus-
band is not responsible and for which
she must pay the bill. The opinion of
the court is by Chief Justice Hartwell,
and the text of the opinion is as fol-
lows:
'The defendant IS exceptions are
taken to rulings denying her motion to
quash the return of writ of scire
facias on the ground that it failed to
state the time when and the manner in
which service was made, the return,
signed by an officer, being: Served the
Lwithin petition and writ as follows:
Upon Annie X. Hart, alias Mrs. Ed
mund II. Hart, at Wailuku, County of
Maui, Territory of Hawaii, this first
day of May, A. d. l909,' and deciding
that execution issue ON the judgment
sought to be revived by scire facias
| Notwithstanding the plaintiffs answer
claiming that it was void because pred
| icated upon a contract for necessaries
| for which not the defendant but her
| husband was liable. The action was
| for goods sold and delivered and upon
an account stated. The defendant first
| filed general denial, which she with
drew, afterward fling confession of
judgment, upon which judgment was
entered May 80, 1905, for the sum
claimed. The petition for writ of
scire faeias was filed April 30, 1909,
the writ issuing the following day.
After the denial of the motion to quash
the return, the defendant appeared
generally and answered.
"The Statute, Sec. 1921 r. L., requires
service by delivery to the defendant
of certified copy of the summons and
of plaintiffs petition, and it might be
well that this be shown in the return,
although the statute does not require
it, but the failure to do so does not in
validate the return. The presumption
| is, in the absence of a showing to the
| contrary, that the service was made in
the manner required by statute. The
statute which authorizes married
woman to make contracts and to sue
and be sued is not confined to contracts
| for purchases which are not necessaries
nor does it preclude her from contract.
ing to pay for articles which the hus
band is bound to furnish. The right
to make such contracts implies liability
to be sued upon them and the right To
confess judgment in the action. More
over, defense available in the action
can not be made for the first time in
a proceeding to revive the judgment by
scire facias if there was jurisdiction
over the case. Van Fleet, Collateral
Attack, See. $50, and cases there cited
Exceptions overruled."
petition for the probate of the will
of the late Stephen Higgins and the is
suance of letters of ancillary admins
tration was granted yesterday by Judge
De Bolt to the Hawaiian Trust Com
pany. AT the time of his death in May
1908, Higgins was living at Raitea, in
the Society Islands. The value of his
estate within the Territory of Hawaii
is approximately $9,43s.75. The bond
fixed by Judge De Bolt is $1,000
general denial to the allegations in
the complaint has been filed by the de
PENDANTS through their attorneys
Holmes, Stanley & Olson, in the case OF
the Hawaiian Trust Company against
Hugh Galbraith. The statute of limi
tation will be relied upon by the de
PENDANTS.
A..