Honolulu Republican, Volume IV, Number 492, 9 January 1902 — NEW JUROR FOR NAVAL LAND CASE [ARTICLE]

NEW JUROR FOR NAVAL LAND CASE

Sickness of Prescot Causes Some Delay in the Federal Conn. BORE EIPEBT SUGAR «Eff TESTIFY WEALTHY CHINESE IS SUED FOR D' .'ORCE ON THE‘GROUNDS OF CRUELTY. Taylor i. Company O’schargep from Bankruptcy—Suit Brought to B'eak a Will Alleged to Have Been Made in *BSS—Junius Kaae C f airr» the Property. Wbro th< United States Di-trlct Oort opened yerterday morning Judg< K>t»< announced that Juror IF P-*-k ott would Ik- unable to attend 'or a week or two, as h*- was seriously ill. and inquired of counsel what they proposed to do in the matter. Jr. £e Silliman. for the defense. said that h- was willing that the remainnr eleven jurors should decide the <•»»' fnlii .i States District Attorney J 5 Dunne would not agree to this proposition, but said he would agree to m T e jurors being summoned and a juror drawn to fill the place of Presr«rtt Mr. Dunne said that after the so w juror had l»-en sworn in the evident- in the case preceding his becoming a juror could be read to him, w hich the < ase could proceed. New Juror Secured. Judge Silliman agreed to Mr. fhjnn* ’s suggestion and Judge Estee mad- an order accordingly. A > pedal venire of five men was made returnable at 1 o’clock and Martha! Hendry proceeded to round up the jurors. The marshal lost no time m getting the necessary men and •hortly after 1 o’clock M. M. Kohn sas drawn, accepted and sworn in Mr. Pres, tt's place. Judge Kstee excused Mr Prescott for the rest of the term. Immediately after the acceptance of the new juryman and before the old testimony was read to him. Managei Renton, of F>a plantation, was permitted to testify, as he was deslroue of leaving the city by the 15 o'clock train Mr. Renton estimated the value of the Honolulu plantation's leasehold interest in Pearl Harbor land at s27r>.too Mating) r Fred Meyer of Waianae plantation also testified, valuing (he company's interest in the lands desired to be condemned at JItOO.OOO. Tin- r>- f of the afternoon was taken •p by t- reading of the testimony !tl the «v up to the time the new juror was sworn. This reading will probably continue during a part of today's session. The court and the other eleven jurors w ill have to listen to all this testimony over again. \t the end of the present month Judge Kstee is to hold a term of court n Hilo and he is. therefore, anxious to get the Pearl Harbor matter out of the way. The testimony of Captain White. I*. S X Tax Assessor Pratt and Manager Low has been read to Juror Kohn. When court adjourned yesterday afafternoon the reading had reachtd about the middle of the testimony of Tax Assessor Archer of Kwa. Court adjourned shortly after 4 o'clock until 9 o'clock this morning. Discharged from Bankruptcy. Judge Kstee yesterday morning dishatged J H Taylor a Company from bankruptcy, allowing an attorney’s fee of ITT* to F. J. Russel. A bankrupt is entitled to bis disbargi within one year from the filing of the ( -tition for adjudication, under the Federal law exclusively governing bankruptcy in Hawaii, ex- ■ opt in certain cases where the court may extend the case for six months. The basis of the settlement w ith creditors, therefore, may not be determined and is not determined in this case, when the decree of discharge is made. Chinese Divorce Case. Suit for divorce has been brought ly 1-am 1-an l? bee from I.am Yip. This Chinese couple was marled twenty rears ago in China. Defendant Lam Yip is a wealthy man having $lO,OOO in property In Hawa:: Plaintiff 1-ani l.au Shoe wants the defendant to pay 11.000 immediately for the use of her attorney and ■ be a’so asks that her husband be .>rd;ed to pay cost and alimony during the pendency of the suit. Attorney F M Brooks represents the plaintiff. I.ani Lau Shoe alleges that her husband has been guilty of great cruelty Betides bringing this suit tie

plaintiff caused the arest of her husband on a charge of asault and battery. The defendant appeared in the police court yesterday and the rase was postponed. lam Sbee that her husband has throttled and beaten her at various' times and asks* an absolute divorce the custody of the two chib dren and a division of the property, j besides an attorney's fee of $l,OOO. Suit to Break Old Will. Proceedings were taken in the First Circuit Court yesterday morning to continue an action to revoke probate of a will admitted to probate as long ago as Ikha. by the substitution of T McCants Stewart as counsel in the place of C- W Ashford, and the addition of Colonel Thomas Fitch to the counsel engaged in the matter. The suit seeks to break the alleged la?r will and testament of Kealiia honui. who died in 1555. For many years the estate has been in the courts having been in the Supreme Court three times. Judge Humphreys yesterday morning made an ordyr substituting T. McCants Stewart for C. W. Ashford as counsel. Fitch was entered as counsel for petitioner as well as Stewart. Junius Kaae j s the petitioner and asks that the substitution of counsel be made on account of Ashford's long t absence from the country. The property involved is now far more valuable than it was when suit was begun years ago. The claim that the will was fraudulent was made twenty years ago. Junius Kaae claims the property by virtue of deeds"from the heirs at law. under the contention that there was no will. Action to Quiet Title. Suit has been brought by Kahalepuna in the Circuit Court against L. L. McCandless to quiet title to a certain piece of land at the corner adjoining that part of Honolulu which is known as Kekloo, plaintiff claiming seven-eighths in fee simple and staling that while defendant owns an i-ighth in fee simple he is adversely claiming the whole of the property. Colonel Thomas Fitch represents the plaintiff. Wants His Interest Valued. In the case of Kaolulo Kahula against Julia Lee. Mary Lee. Clara Lee and Tugene Lee, bill for parti lion, defendants make answer by their guardian Eug ne Lee and the said Eugene Lee in his own behalf, i saying that the plaintiff is in possession and resides on the land in the bill described, but denying that the | said minors reside with her. but on the contrary the minors are inmates of The Roman Catholic Convent. It is admitted that the defendant Eugene Lee is a tenant by the courtesy of said premises, but whether such tenantcy is to the whole or the half of said portions of land, d- fendants are unable to say. Said minors have an interest in the land The minors are the sole-surviving heirs at law of Rose Kahula Lee. the daughter of plaintifi Defendant Eug- ne Lee is tne father of the minors. Defendants upon proof by plaintiff that she is entitlea to an Interest in the property, leave to the court the question and advisa blllty of a partition thereof. Defendant Eugene Lee prays to have his interest valued and act apart If practicable. In the Supreme Court. The tax appeal case of M. Moorehead. Robertson Wilder for defend ant Tax Assessor, was discontinued in the Supreme Court yesterday. The following cast's were argued and submitted to the Supreme Couh yesterday: Kapiolani v. Lizzie K. Panahi. appeal from Circuit Judge. First Circuit, Kinney. Ballou & McClanahan for plaintiff. Magoon & Thompson for defendant-appellant; Estate of A A. Doiron v. Tax Assessor, appeal from Tax Appeal Court. First Division. RolK'rtaon £ Wilder for defendant: Kapiclani Estate. I td . v T: ; .\ Assessor. Tax Appta! Kinn y Halicu JL McClanahan for plaintiff. Rob-rtson AWilder for defendant: .1 iv Silva v. F ,i Souza. Exceptions from Circuit Court, First Circu't. Vivas for plain tiff. De Bolt for d^Variant-appellant: Frank Halst a,! v. Tax Ass. ssor. Fiist Division. Subn:!">iou of ca t se. Hatch a; Silliman for plaintiff. Robertson A Wilder for defendant. Return and Account. W. George Ashley, commissioner, has made a return and account of sale • in the equity case of W. F. Joohor against C. H. Patzig. Real estate was sold to Jocher by 'Auctioneer J. F. Morgan fer sS'h)o. The account of expenses shows the aet proceeds to b' SISHS.7S. Application tc Mortgage. George Carter, trustee, petitions for permission to mortgage real prop ■ rtv of the Anld estate, at Nuuann and Hotel streets, for s7.to secure money for improvement of prep erty at Beretania and Emma streets. Court Notes. Discontinuance has been filed in the assumpsit case of R, Isaacs and Broth, r against the Pacific Import Company. So Yoag has petitioned the Circuit Court for a license to practice law fn the District Courts of the Territory

and before the Circuit Judges at Chambers on appeal. Dan Case, former stenographer of the First Circuit Court, has rone to Kauai to act as stenographer in the coming t*rm of Judge Hardy's court-