The Hawaiian gazette., 1912-06-28
BANANAS ONCE AGAIN
STIR LEGAL WRANGLE
De Silva and de Costa Bob Up
in Judge COoper's
Court

The disappearance Of twenty-seveu
punches Of bananas, valued at slj, from
land over which Manuel de Silva sup
ervised for his mother.in.law, was again
the cause Of legal wrangle yesterday
afternoon when the damage suit insti
tuted by de Silva against Anton de
Costa for having him arrested charged
with the theft was heard in Judge
Cooper s branch of the circuit court.
Costa had Silva arrested on the
charge of larceny in the second degree
February 90, but after a hearing be-
fore the district magistrate, he was dis
charged. He now seeks damages be-
cause of this arrest and in court yes.
terday declared that he was in Jail
four hours and suffered mental anguish
because of his arrest and was COMPEL
ed to attend court several times which
| kept him from his work.
81 felt very bad when Costa had me
arrested as thief he testified
Costa on the stand testified that de
Silva, whom he had known for twenty
lunches Of bananas and then shipped
them. Silva had leased the land and
had planted the banana trees but Cos
ia declared that he was behind in his
rent and when he asked him to pay it
Silva told him to take the land back
and refused to pay the rent. He says
1t was after this agreement that the
bananas disappeared.
Silva denied this agreement on the
stand and the attorney for the plain
tiff attempted to show that the original
lease of the land had never been given
up and that at the time Silva took the
bananas he had paid for the rent. Sill
va declared Costa never gave him any
receipts for rent paid because he could
not read or write.
This case is interesting because there
are often cases in which owners of land
inform the persons who lease it that
they must either pay the rent or sur
render the crop already planted.
The testimony brought out the fact
that Costa has had his former friend,
Silva, hailed into court several times
on various charges but that he was
never able to prosecute him success
fully
Another question which caused
much argument by the attorneys was
as to whether the rent was to be paid
every two months or every six months.
The ease will be continued this morn
ing.
Appeal Settled
1t was announced yesterday after
l Al. 4 Al 4
court for Oahu that the Mary Rookie
appeal had been settled and that there
was the possibility of also settling the
appeal of the John Ii Estate.
The tax assessor revised his figures
in the appraisement made of one of the
pieces of property on the other side of
the island owned by Mrs. E. c. Judd,
and Mr.. Swanzy in her behalf accepted
the revised figures.
Testimony was heard in another APP
j peal of +. NJ. Swanzy, the same argu-
ments being used by both parties as
in the appeal tried the previous day.
Another appeal made by Mr.. Swanzy
is set for hearing this afternoon. This
involves property at Waikiki, and be-
fore the ease is taken up the court will
go out with Deputy Tax Assessor Nee
ly To look over the property whose
appraisement is questioned by Mr..
Swanzy.
Charges vuab-
Alleging that her iJs5lui, Mankuro
Kawaiushi, threw her out Of their
house four yegrY ago snd as never al
lowed her to Ietllrn, Matsu Hawaiushi
yesterday morning fled sur for di-
vorce in the ciIeuit court lrAelty is
the charge upon whici. the complaint is
made. The couple ba been married
just thirteen yeals. The ceremony was
performed at Hiroshima, Ken, Japan.
For several years they have been living
in Honolulu. There are two children,
aged 10 and 10 years,
Liliuokalani Trust.
w. o. Smith, S. NJ. Damon and C.
p. laukea, trustees of the Liliuokalani
trust, yesterday filed a suit in the cir
cult court seeking judgment against
Hee Fat in the sum of $l0S5.32 alleged
due for lease of land. The complaint
states that Liliuokalani leased TO Hee
Fat, of Kappa, Kauai, a portion of the
Aiupuaa of Lumahai at Hanalei, Kauai
! for term of ten years from July 1,
9 1903. The rental agreed upon was one
dollar for the first six months, $500
for the next five years and $1,000 fol
the next four and one-half years, to
be payable quarterly. 1t is also stated
, that May 10, 1911, the trustees reduced
the rental from the $1,000 agreed upon
to $500 but that there is now due a,
rent up to June 80, 1912, the sum Of
4 $l0S0.37 with interest of $495, making
g the total $l0s532.
: Case Goes Over.
/ After lengthy argument yesterday
morning over the admission of certain
testimony by Officer Apana the trial OF
Chin Fan, charged with criminally as
sarlting a girl under the age of tweiv,
\ years, was continued until this morning
The case was not heard yesterday after
noon.
n 1t is now expected that the prosecu
tion will conclude its testimony TO-DAY
a and the case be given into the hands o.
!. the jury tomorrow.
Senator Case Up.
The damage suit of Iiherato Goma.