The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-02-09
DENY SCHEMES TO
HANG MAHUKA Case
Owners Say Attorneys Have No
Instructions to Delay Settle
ment by Separate Suits.
lFrom Thursday,s Advertiserl

That motion by attorneys for the
owners in the pending Mahuka site
eases. for separate trials, indicated an
intention TO make technical fight and
DELAY the final decision, was denied by
Castle & Cooke and E. o. Hall s. Son
Yesterday. The motion has been re-
garded by many as part of plan to
make long drawn out contest, which
might result in the appropriation
lapsing. and renewal of the whole
controversy over the location of the
site
'sThe move for separate trial of
our case was made by our attorneys
in accordance with their own best judg-
ment as to the proper way to protect
our rights,'P said Oscar White, presi-
dent of E. o. Hall & Son. al do not
know exactly what all the reasons are,
but am sure at least that there is no
effort to delay matters. Our attorneys
have instructions, on the contrary, to
proceed for as quick settlement as pos
sible.
''There are some respects in which
our case is different from the others.
For example, we have had the use of
our Fort street site for about sixty
wears. and our claims of loss in being
forced to abandon it are different from
those of any other firm involved. 1t
is for the attorneys to say what is the
best method of trying the case"
f. D. Tenney, president of Castle &
Cooke. made similar statement. 81
am not personally familiar with the
details of the procedure being follow
ed" he said. "Our attorneys are using
their own best Judgment as to the
proper procedure to protect our rights.
If they want a separate trial of our
case it is because they think our issues
are best presented that way. There is
certainly no intention on our part to
work for delay
The matter will come before Judge
Dole Saturday and the court will then
fix the dates for the different trials.
Lieutenant McCleary Here.
1t is long jump from Fort Douglas,
Utah, to Honolulu, but Lieut.. John S,
McCleary of the Twentieth Infantry,
made it on the summons of the federal
court here. He is a witness in the
Max Alonzo case. Alonzo, Filipino
boy, is accused of robbing the heuten
ant of watch and forty-tive dollars
Alonzo was arrested September 10 by
Deputy United States Marshal Sher
wood. Lieutenant McCleary called oil
Marshal Hendry yesterday morning t.
report his readiness to testify.
Judge Dole In the federal court yes
terday set over the trial of Vim Yin
charged with assaulting a customs of
ficer, until February 10.
Nicholas Shaparalow, a Russian, yes
terday declared his intention of becom
ing a citizen of the United States. HI
has been in this country since 1907
Ching Leong Chin yesterday paiC
$3.50 to A. E. Murphy, clerk of thu
federal court, as costs in trial on thu
charge of importing and smoking
opium. He was sentenced to serve on
month in Jail and pay the costs of tn
suit. His time was up yesterday.
Ewaliko Fined.
David Fwaliko and David NJ. Kuali
and Rebecca Ulii, pleaded guilty in tn
federal court yesterday morning to tn
monies without license. Ewaliko ha
been in Jail six months, was sentences
to an hour in Jail and one dollar fine
The others will be sentenced Saturday
Carl Smith, charged with smuggling
and believed by the federal authoritie
to have been connected with Phone.
Davis will come up for trial this morn
ing before Judge Dole.
Davis has offered to leave here TO
good if the indictments now pending
against him are dropped but Unite'
States District Attorney Breckons in
sists on trying some of them and ha
so notified the attorney for Davis
Leon Straus,
William Henry yesterday filed an az
peal from the decision of the distric
magistrate in his suit with the Fidelt
Insurance Company.
The supreme court yesterday fSe
the costs in the Kukaiau case at twcV
ty-eight dollars.
The suit of Mary j. II. BannistC
against Mary Lucas came up for tri;
in Judge Cooper S court yesterday. tn
plaintiff is suing to recover 800
which she claims due on the sale {
her interest in the Bertelmann estat
The case will be continued this NOR
ing.
Judge Whitney finally decided IL
ease of the Kaneohe Rice Mill Compan
against Edward Malaihi Holt an
others. The action was one to qui,
title.
''The question before the court,
says the Judge in his decision, +"
whether Malaihi was the son of Kah
lau or of some other man. The cou
finds that he was not the son of Kah
lau and therefore has no interest in Il
land, while the Kaneohe Rice CompaI
is entitled to only one-fourth inte
est.''