The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-06-07
PARTIAL GRAND JURY
REPORT IS PRESENTED

l LOT ANN daUHhN Affih W.. Hlhh ~ WV
circuit court yesterday afternoon
Three true bills were found. An In
dietment was returned In the case OF
the Territory against Wong Chung foi
assault and battery committed with a
weapon obviously and imminently dan
gerous to life; another indictment was
returned against Robert Haehae on the
same charge; and the third true bill
was found in the ease of the Territory
against Harold Edward Wallace and
August Santos for robbery in the sec
ond degree. The defendants will be
arraigned this morning at ten O'Clock
in Judge Robinson g court.
Opium Case.
In Judge Robinson s court yesterday
Seu She pleaded guilty TO the charge
of selling opium without a license.
This case was appealed from the dis
trict court of KOolaupoko. The court
suspended sentence for thirteen months.
Asks Jury Trial
Ching Lum demanded a jury trial in
the district court and his case was yes
terday transferred to the circuit court.
The charge against him of keeping a
| lodging house without license has
been pending since February 10, and a
| weekly continuance being granted since
he was first arrested.
Appeal Filed.
An appeal from the district court
was fled in the circuit court yesterday
in the case of the Territory against
| William H. Stuart, who was tried and
found guilty of maliciously injuring
and destroying three chickens, the
property of his neighbor, one Vivi-
chayes In the district court he was
fined ten dollars and costs, and has APP
pealed to the higher court.
Cases Appealed.
The cases of the Territory against
| Manuel j. Perry and against A. X.
| Vierra both found their way on appeal
| to the circuit court yesterday. These
are the cases involving the sweeping
of rubbish into the streets. Manuel ].
Perry was tried, found guilty and fined
three dollars and costs by the district
magistrate of violating the ordinance.
A. X. Vierra, the police officer who
made the arrest, was charged with as
sault and battery in effecting the ar
rest. He was fined ten dollars and
costs in the lower court.
Plaintiff Wins.
Tn the case of Nettie l.. Scott against
the Kona Development Co., tried in the
third judicial circuit, Kailua, an ap.
| peal has been filed in the supreme court
from the decision of Judge Matthew
man. The lower court awarded the
plaintiff two thousand dollars with in.
terest. M. +. Scott appeared for the
plaintiff and A. l.. Castle represented
the development company. This is an
action in assumpsit.
Court Notes.
A bill of exceptions was fled on be
half of the defenadnt in the supreme
J court yesterday in the suit of eject
ment brought by Lau Lam against A.
A. Whitcomb ct al. The land involved
is situated at Kainapuaa, Kapalama
Honolulu, and is used by the defendants
in their business of manufacturing
brick.
A satisfaction of Judgment has been
filed by John Carlos Medeiros, through
his attorneys, Douthitt & Coke, fol
damages in the sum of seven thousand
dollars. This is the case passed upor
by the supreme court last week, affirm
ing the judgment given in the lower
court against the Honomu Sugar Com
: pany for personal injuries sustained by
the plaintiff
The trial of the Mahuka site cast
had a day Off in the federal court yes
terday. Judge Dole was determining
the question as to the amount of dam
ages the several parties may be en-
titled to for being obliged to move the
fixtures out of the buildings occupied
by them. This morning at eight.thirty
he case will be resumed.
Order Affirmed.
The supreme court has handed dowr
a decision written by Chief Justice
Robertson in the case of Rebecca Im
kua and Stephen Lukua against Kelu
palma Manaia ct al, appealed from the
circuit judge of the first judicial circuit
in which the order appealed from il
affirmed.
The court holds that the appellant
has not shown that the title to tn,
property involved is not marketable
one, and in the syllabus lays down thu
, following points of law:
"The appointment of a guardian n,
l Item of minor defendants need no
. be made by formal order. Amy actio
on the part of the court whereby a pei
i. son assuming to act as a guardian n
' Item is recognized as such is equ
S yalent to an appointment.
+ "a guardian ad Item of minor d.
= PENDANTS in partition suit may stipr
late for the entry of consent deere,
+ In the absence of any showing of frau
n or bad faith or that the interests of tn
II minors have been prejudiced, sue
o decree will not be disturbed on motto
;, of the purchaser at the partition salt
e "The purchaser at partition sal
d upon paying the purchase money int
e court is not bound TO see to the apple;
o ton of the money, and, hence, may nc
a complain Of a provision in the deere
d of sale that n portion of the proceed
p Of sale shall be distributed to Il
4 /