The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-09
CATHCART' CASE
WILL BE TRIED
The Supreme Court Dismisses
Appeal From the Order of
Judge De Bolt.

= t4C '9N i;4N4ilF N-Od1 HdHGtu GOWN a
decision in the suit of H G. Middle
ditch, trustee in bankruptcy, versus ].
". Cathcart ct al, dismissing his inter
locutory appeal from the order of Judge
de Bolt, overruling the demurrer. and
holding that an appeal in such cases
must be taken by fling a notice of it
within five days after the order This
means that Cathcart will have to prove
that he has not transferred a certain
house of his to his wife in order TO
escape paying his just debts.
In the first place, Catheart decided
to take an appeal to settle legal tech
nicality arising out of the decision by
to the complaint. 1t was expected bv
Catheart that the Supreme Court would
sustain his contention, and the case
would therefore be dropped. The mat
ter came up on a motion by the plain.
tiff to docket the case and dismiss the
defendants appeal. On December %
the judge filed motion that the de.
PENDANTS be allowed an introductory
appeal to the Supreme Court.
The appeal was dismissed on the
ground that the defendants should have
filed their motion within five days af-
ter the date when the order overriding
the demurrer was fled. Judge De Bolt
had not tried the case, but it will now
come up before him soon.
Discontinues Action.
In the case of julia Edwards versus
Mary Reyes, Raymond Reyes and Pedro
Lujan, ejectment suit, the plaintiff has,
by her attorneys, Smith & Lewis, filed
a discontinuance The defendants were
alleged to have unlawfully taken pos
session of certain lands belonging to
Julia Edwards. She sued for restitution
of the land and $500 damages.
Accounts of Mrs. Hoffman, Deceased
w. O. Smith, executor of the will
of Mrs. NJ L. Hoffman, deceased, has
filed his second annual accounts. He
20, and asks to be allowed the same
sum on expenditures. The accounts are
up until December 20, 1908.
Wynne's Case to Washington.
Thompson Clemens, attorneys for
John Wynne, who was convicted of the
murder of Engineer McKinnon on the
steamer Rosecrans in 1907, are perfect
ing bill of exceptions and writ of
error so that they will be enabled to
take the case to Washington. Wynne
was sentenced by Judge Dole to be
hanged on the 18th of next month, but
stipulation filed yesterday afternoon
to allow Wynne IS attorneys sixty days
in which to perfect their appeal will of
itself suspend the sentence, according
to law. 1t is said that Wynne is not
worrying over his prospects, being
cheerful, calm and almost contented out
at the prison.
Returns Two Indictments.
+ At its last meeting before the new
body is sworn in, the Territorial grand
jury yesterday brought in indictments
against T. Yamamoto, charging him
with bribery, and Paik Woon HI, charg-
ing him with assault with a weapon
The grand jury from the new panel
viii be sworn in Monday. During the
period which the present body has been
conducting inquisitions, SO eases have
been taken up, 81 true bills have been
found, and in 80 cases no bill has been
returned.
JuuS6 ID recurring.
Circuit Judge Alexander Lindsay is
expected to return from the mainland
on the Manchuria, as is also John Mar
callino, clerk of his court.
Federal Report Wednesday.
United States District Attorney
Breckons stated yesterday that the
Federal grand jury would not meet
again until next Wednesday, when it
may bring in a full report. Marshal
Hendry arrested Shigimatsu and Mato
yesterday, these two completing the
roundup of the Isoi gang. It is thought
that the matter of police protection of
lwilei, if taken up at all, win be han
died by the Territorial grand jury, as
Breckons has so far not given any init
nation that he has discovered anything
| having connection with the eases oil
the importation of women
Isoi's Trial Soon.
| Some Rikichi, better known as Isoi
and Chise, his wife, will be tried. il
the Federal Court on Monday Their,
are six counts against each of them.
-s%-e-