The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-12-29
JUDGE ORDERS
ANSWER QUASHED
hOrner Must Gail Meeting or
Take an AppealOt
Court Matters.
lion weaneaday'a AaveIlIaer.l


Judge Cooper yesterday ordered
quauhed the Gnawer Of KukaiNu Plan.
tation Company and Albert Homer, Sc
president, to the petition for a writ Of
mandamus. II is now up to the preSi.
dent Of the concern to call the annual
meeting, unless an appeal from the do.
cision Of the circuit Judge is taken by
the defense. This is the second straight
point won by Attorneys Castle and OIL.
son for their client, Robert Homer.
Robert Horner has asked that the
regular meeting be called, and in the
long answer fled by the defense Il was
stated that there had not been a meet
ing during October since 1902, the date
having been changed until February at
that time and meetings having been
held in that month ever since. This
answer was fled Friday, and yesterday
the petitioner asked that this answer
be quashed as it did NOT give any valid
reason for not holding the meeting.
Argument on the case took up two
hours yesterday afternoon, Attorney
~
change in the bylaws of the company
making February instead of October
the time of meeting, and as there was
no such change, then the meeting must
be called as requested.
Taking up the argument further and
at length Attorney Olson stated that
it did not make any difference what
difficulties there were in closing the
books or anything else so as to have an
accounting in October. If it could not
be done then, it was the proper proceed
ure to call the meeting at that time
and ADJOURN to some stated time after
the first of he year for the meeting, IL
that was necessary.
Attorney Lymer gave the answer for
the defense, and Attorney Wilder ar
gued for that side of the case after Oh
SON had finished, but Judge Cooper held
Tor the petitioner.
Jury In Today.
The first jury trial to be held since
The circuit court moved to the Y. NJ.
J. A. building will start this morning
when J. Dye, baker at the Young, goes
IN trial charged with assault on Rud-
Dlph Heydenreich, manager of Young
Jafe. This assault took place several
weeks ago, and Heydenreich wore a
decorated optic for some time as re-
ult of blow from the fist Of the
,aker.
Several days ago Dye came to Judge
yhitney's court and waived jury trial
his case, but later insisted on being
ried by jury of his peers. 1t is un-
erstood that he will conduct his own
ase when it is called today, and the
fair promises to be mildly exciting
or the jury and spectators.
Grand Jury Reports.
Just before two clock yesterday af-
srnoon, the grand jury of the circuit
ourt came in and reported to Judge
copper, returning four true bills and
ae no bill, as result of their investi-
atoms of matters brought up by the
rosecuting attorney.
John Robinson and Antoine Matias
70 accused of an assault on Harry L.
ndrews which took place on December
and ]. P. Hussey and Harry Higgins
ust answer to a charge of sodomy.
alto, charged with rape, had no bill
turned against him.
More Divorces.
Another of those divorces, which
ere granted several months ago with
the thirty day period between ser
ce of papers and granting of the de-
ee, came up before Judge Robinson
sterday and for the second time Caro-
le Kohala was divorced from her hus-
nd on grounds of desertion. 1t was
September of last year that the
uple were divorced for the first time.
itaro Haruta has field complaint for
vorce from his wife Yoshi, charging
with desertion and treating him in
ythlng but the manner fond wife
supposed to do.
Special Administrator.
Judge Robinson has signed the order
wing special letters of administration
Lorrin Andrews over the estate of
late Samuel Andrews so that the
jate can be taken care of until the
ne the will is admitted for probate
Motion has been fled with clerk of
cult court to set date for the trial
the case of Western Meat Company
ainst f. W. Klein and Metropolitan
pat Company as guarnishee.
AS to Accounts.
D. p r. Isenberg was yesterday dis
Urged as administrator of the estate
William Woolham, the final accounts
ny approved and the order issued dis
lrging the administrator.
Mary Crewes, mother of the deceased,
8 yesterday discharged as administra-
< of the estate of the late James
yves, the accounts were approved and
tributon of the property ordered ac-
ding TO the terms OF the will. Under
provisions Mrs. Crewus Is sole bene-
AIRY Of an estate which amounts 10
iething over $4,000.
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