Honolulu Republican, Volume IV, Number 505, 24 January 1902 — HOW JUDGE ESTEE WAS OVERRULED [ARTICLE]

HOW JUDGE ESTEE WAS OVERRULED

Referee Fleming Appoints Eiperis to Appraise Property. (OURT DISAPPROTESIRHEGULABITT WRIT OF INJUNCTION ISSUED TO H A. JUEN AND WIFE IN LAZARUS SUIT. Rep > Brief of Hatch A. Silliman in Honolulu Plantation Case —Motion for Bill of Particular* —JoinI der in Demurrer —Paulo Lano’s Demurrer Set for Hearing. On the application of Attorney Wade Warren Thayer in the United Statics District Court yesterday morning Judge Este# appointed W. H. Johnson, I’. 11. Burnett and C. tt. Hemenway appraisers to appraise the nal property of J. T. Schneider, bankrupt. It developed that Referee Fleming had appointed two appraisers to do the work. Judge Estee remlndei) the attorney nf a pri vions ruling that appraisers must be appointed by the court, to re|Kirt to the court. It turned out that the appraisers appointed by Referee Fleming had been ■ hosen as exports and had completed their work. The court declared that such proceedings wi ■ not in accordance with the statnti - and such Irregularities could not lie endorsed. It was a case of the referee overruling the court. Attorney Thayer Explains. Attorney Thayer explained to the curl that the appraisers in question wen appointed before the I’ourt had mad• an order in that regard. Judge E fee said how ver that that made no difference and that the court would not approve of anything not done in conformity with the bankrupt. y law Refcne Fleming was the subject of much good nature.! raillery in the .ludii lan building yesterday and was n ■ o-ted liy numbers of his friends as one who had “overruled" the United States District Court. 1 Judge Stillman's Brief. Hatch A- Sillimans reply brief in the IVavl Harbor land condemnation • ase ( >f the United States against the Honolulu I’lantation Company is, in part. a< follows: The verdict was probably unsatisfactory to both parties to this Ittiga».m Defendant felt it should receive a larg. r sum and believed evidence r* quired a verdict in the amount claimed $200,000, IMaintiff called but two witnesses on the question of value, and to one of those witnesses a hypothetical question was put in no way Justified by tin situation of the land as it actually existed. The question assumed that there was no mill in Conner lien with the land and that there was no water supply and expressly stated that the witness must assume that the onh visible source of water supply was a single artesian well, and the witness was asked what would be "a fair price to pay. a fair market price to pay. for that strip of land - The question was manifestly argumentative and unfair in its assumptions. As to the other witness. An obvious effort was made by counsel for plaintiff to force a certain valuation vipon him which he refused to assent t«>, but counsel now assumes, in violation of the whole record that the witness testified to a valuation which be never admitted and which he flatlv denied Counsel says that Mr Herbert testified that the valuation of the land was *75 per arre for 542 acres and $-5 for the remaining 219. but an examination of the transcript will show that counsel was mistaken. Is it not significant that only two witnesses, having no special qualifications, were called by the Government on the question of value. Injunction Writ issued. A writ of injunction has been issued to H. A. Juen and his wife. Esther P- Ju n. in the cancellation :.nd accounting suit brought by Kaulrrnkaole Lazarus. The First Circuit Court commands that respondents refrain from iHspcsing of their property. It has been stipulated that petitioner may file » n amended bl!l of .omplalat and that defendants may have ten days thereafter in which to plead. Bond of indemnity upon the granting ef the writ of Injunction has been filed by Kauimakaole l-*za rus. as principal, and Joseph t lark, as suiety. Wants BiH of Particulars. Defendant in the assumpsit case of

John Stephenson against John De Grewve- has fil« d a motion for bill of particulars and affidavit by hi* at‘orney T. McCants Stewart, Joinder in Derrurr*'-, Plaintiff in the case of Retina Vieira against Louisa F. Mendonca, bill for dissolution of partn rship. by her attorney, a G. Correa, files joinder in demurrer, saying that the de ciaration and the matters therein -rated are sufficient in iaw for the plaintiff to have and maintain her action against defendant. Set for Hearing.

e Comp** nant s demurrer in the ease f of Paulo I-anc against Julia Achieu. bill to set aside and cancel deed, was y- *t» i-ay set for h-aring on Thursday. th“ 3oth instant A New Citizen. Unit'd States Judge Estee yesterr day m ming mai“ Richard E. Hagetrann. a subject of G*rmany. a citizen of the United States, Marshal Has Money. United Stat'-s Marshal E R Hendry r has the money to pav all Federal cracd and petit jurors who served during the last term.