The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-07-12
ANCIENT LIBEL CASE
COMES UP At LAST
Suit Against American Bark Fort
George Five Years After
Filing.
(From wednesday s AdvertIser.l

AfTom wednesday AuNeftlseT.)
After delay of more than five years
since the fling of the damage suit of
Paul Martin against the American bark
Fort George, the trial was begun in
the United States district court before
Judge Dole yesterday afternoon. The
action is for the sum of $500 which
Martin, seaman, seeks because of med
zeal expenses required for an injury TO
the first finger ON his left hand while
he was employed as cook and freight
was being loaded into the bark
Soon after this admiralty case was
fled exceptions were taken to the
answer of the defendant and later
when the way seemed clear for the
case to go to trial objections were
fled to the deposition of commits.
sioner who short time previous was
a clerk of the United States district
court here but had moved to San Fran
cisco The papers were not certified
to by the commissioner. Months and
months went by and recently when
Judge Dole returned from his vacation
he was looking over the docket and
noticing that the Martin admiralty case
had never come to trial he consulted
with the lawyers and made arrange.
ments to have the case come to trial
yesterday.
The statement of the case was made
by George Davis, counsel for the
libelant, yesterday afternoon in which
he outlined the incidents in connection
with the injury and resulting medical
treatment required United States Dis
trict Attorney Breckons and Judge w.
L. Stanley appeared for the libelee. At
the conclusion of the statement by Mr.
Davis the case was continued until Fri
day morning.
Patience Worn Out.
Alleging that she had gone back and
lived with her husband three different
times after he had cruelty treated her
and the last time after she had even
filed suit for divorce from him, Mrs
Maggie Fritz was granted divorce
from Elikenia Fritz by Judge Whitney
in the circuit court yesterday morning
on the grounds of cruelty.
In her complaint Mrs. Fritz alleged
that only one month had passed after
their happy wedding at Hama, Maui,
August 81, 1906, when he became in
toxicated and, that five months later
| produced a knife and then a revolver
and made her so afraid that she was
compelled to leave the house for safety
and seek the protection of friends.
Later, however, she says, he made prom
Uses of good behavior toward her and
she returned and lived with him.
Notwithstanding these promises, how
ever, she alleged that in December,
| 1907, he again cruelty abused her and
drove her out of the house. After that
she states they again lived together
with an occasional cessation of i'll
treatment on his part up to August 81,
1910, when he again assaulted her and
compelled her to seek the protection
of an aunt with whom she is now re-
siding.
Mrs. Fritz also alleged that subse-
quent to this act of cruelty divorce
suit was filed by her but even then
the husband again promised to be good
so once again she went and lived with
him. Only a short time then passed
she alleged until he again became crueI
to her and pleaded guilty to an as
sault charge in the magistrate court
sentence being suspended. An answer
to the complaint was filed by Fritz il
which he denied all charges.
There are two children aged six ant
five years of which the court gave Mrs
Fritz the custody besides allowing he
alimony money.
Court Notes.
The last will of James J. Bowling
who died in Honolulu, September 7, o
last year was filed for probate in TIN
circuit court yesterday morning. TIL
personal estate is valued at $4,000 whicl
is left to three sisters, two of WHOM
live in California and one in Canada.
Mrs. Lily AIoldenhauer was grantee
divorce from Henry Moldenhauer b.
Judge Whitney in the circuit court yes
terlay morning on the ground of non
support The couple were married OC
tober 80, 1908, and have no children.
%,s.-