The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-02-09
SEPARATE TRIALS
IN MAHUKA CASE
United States District Attorney
Notified by Counsel for Re-
SpondentS-Up Saturday.
tFrom Wednesdays Advertiser

(rrom wednesday s AdVertset.)
Attorneys for the respondents in the
Mahuka site case notified United States
District Attorney Breckons yesterday
morning that they wish separate
trials in the condemnation suits now
pending. The matter win come up for
final settlement Saturday morning be-
tore Judge Dole.
As the petition and summons have
already been served, the attorneys for
the present owners of the land involv-
ed in the suit viii file their answer to
the petition of the government Judge
Dole will then set the dates for the
separate trials, and the order in which
they are to take place.
Ewaliko Case.
The case of George Ewaliko will
come up in the federal court this morn.
ing, Ewaliko is charged with violating
section $40 of the Penal Code, "fail-
are to make out and fill a marriage GER
tificate. " The government has sub.
penaed seven witness. 1t is believed
that Ewaliko may plead guilty to the
charge and take his medicine.
Phoney Davis Guilty.
Phoney Davis was held guilty of the
charges of receiving gin unlawfully
landed from the steamer Alexander
lsenberg, consigned to Hackfeld, which
arrived here July Z, 1911. The gin,
according to the prosecution was stol-
n N from tho hnla Of the oht,, 1N,,e o.1
Delarall and Straus and Lehukerk. The
last is now in the United States Army.
l.. M. Straus attorney for the prison
er, brought up the point that as the
consignee had put up a cash deposit to
cover the duty on the cargo of the
vessel, the gin had not been Struggled.
The jury, however, after an hour and
half elaboration, found the point
not well taken and returned verdict.
Attorney Straus appealed.
Motion to Foreclose.
Judge Cooper yesterday ordered
judgment for the plaintiff in the action
to foreclose mortgage brought by Fred
Harrison against A. V. and Addie Gear.
Harrison was represented by w. Il.
Rawlins and the Gears by Attorney
Y. +. peterson.
Order to Show Cause.
An order to show cause why a tenn
porary injunction should not be grant
ed Samuel M. Kanakanui and Yee Wo
in their suit against Emma A. De Fries,
was issued by Judge Cooper yesterday
morning. The order is returnable Sat
urday.
Ena Estate Row.
j. +. Brown was appointed commits
sioner to value the Ena Estate on an
income producing basis. This action
was taken by Judge Cooper yesterday
after hearing argument on the petition
filed by Mrs. Maria K. Ena, asking
the court to separate her dover from
the bulk of the estate. Mrs. Ena took
the stand yesterday morning in her
own behalf.
The final accounting Of the estate
left by Mary Kellet Fredenberg was
filed in Judge Cooper's court yesterday
morning, William o. Smith is executor.
Judge Whitney yesterday issued an
order setting the date for the hearing
of probate of the win of the late Sam
uel Kennedy McKeague.
The final decree in the divorce suit
brought by Antoine Louis Aguiar
against his wife, Mary Aguiar, was
issued by Judge Whitney yesterday.
Condemnation Suit.
Deputy United States Marshal David
Sherwood left here yesterday morning
on the steamer Mauna Kea for Kohala,
Hawaii, to serve papers in condem-
nation suit brought by the government
for a lighthouse site at Kohala. The
land is at present the property of
Wight Estate and Others. Robert
Shingle, Ernest Wodehouse and A. w.
Il. Bottomley, trustees under the will
of James Atkins Wight, were served
Monday. Hawaii railroad company is
another party to the suit
Creditors Petition.
Creditors of the Francis Levy Out
fitting Company, Ltd, yesterday filed
petition, and subpoena was issued
from the office of the United States
ordering them to appear in
court Saturday, February 10. The cred
itors include j. ]. Byrne, Hackfeld &
Co. and Brownstein-Louis Company,
of California.
Expect Appeal.
While the belt road commissioners
have not yet made up their minds to
appeal from the ruling of Judge Whit
ney, it is regarded as more than prob |
able that the body will appeal to the
supreme court. A meeting will be held
today or tomorrow to decide the mat
ter. The commissioners have until Sat.
nrday to make up their minds.
Gets Her Divorce.
Lorrin Andrews won the suit brought
IN behalf of zee va against her hus-
band, Ma Chung. Judge Whitney or
Tered decree of divorce to issue from
March 1. The woman who charged
lonsupport and cruelty was awarded