The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-05-09

COURT CHRONICLE.
Counsellor Ashford Challenges
the Legality Of Judge
COOper'S Appoint
ment,
Decision Of Supreme Court Progress
Of Circuit Court Term.

Judge Whiting of the Circuit Court
heard at chambers yesterday the
plea of August Herring, alias G.
August Herring, charged with muir
! der, to the jurisdiction of Judge |
Cooper, presiding at the present |
| jury term of that Court. The de- |
PENDANT, gin his own proper person,
and also by COUNSEL" pleads "that
there is no legal right or jurisdic-
ton in this honorable Court to de-
mand from him any plea or answer
to the indictment presented against
him herein on the first day of May,
instant, or to place him upon trial
for or in respect of the crime or Of
Tense in said Indictment set forth"
Reasons are given for disputing
the Courts jurisdiction, the first and
second being general denials that
defendant was properly indicted,
and the third coming to the point as
follows:
50 That the Honorable Henry E.
Cooper aforesaid did not, on the
date of his certifying a true bill
found upon said indictment, possess
any constitutional or legal power or
authority to officiate as a Judge of
this honorable Court, he not having
been appointed as such Judge in
the manner prescribed by the con-
stitution and laws of the Hawaiian
Islands"
Mr.. Ashford also objected to the
indictment on the ground of dis
crepancies between the charge in it
and that on which he was commit
ted by the District Magistrate. The
original charge has March Is and 70,
1892, as the dates of the shooting of
Huntsman and his dying, respect
lively, which the District Judge,
however, corrects in his commit
ment.
Judge Whiting took the case I'M
, der advisement.
, SUPREME COURT DECISION.
. Justice Bickerton has rendered
the unanimous decision of the SUI
preme Court in the case of NJ. Phil
lips & Co. VS.. j. A. Magoon, admins
? TRAITOR of the estate of G. Alec. The
plaintiffs claimed of the defendant
, the right to the possession of twenty
tons of paddy then ON the rice plan
tation of Chulan a. Company stu
ated at Waiahole, Koolaupoko, ISL
and of Oahu, under an agreement
e or contract signed by the plaintiffs
and Chulan ~ Co., consisting at that
time of C. Alec, who has since died
S interstate, dated Sept. %, 1891. In
y this agreement Chulan u Co. ac-
n knowledged the receipt of $1,000
from M. Phillips q Co., advanced on
two crops rice to be delivered at
- Aswan's rice mill at Waiahole.
= This case came on for hearing at
Il the October term, 1892, before the
Chief Justice and a jury, and at the
close of the evidence the Court, or
motion of defendants counsel, in,
structed the jury to find verdict
y for the defendant on the grounC
that the agreement in evidence dis
closed an executory agreement il
II which the title to the paddy did MOI
J. pass to the plaintiff, to which in
IL struction the plaintiffs counsel tool
- an exception.
> The decision of the Supreme
~ Court is that the agreement is OF
IN the face of it executory. There wer'
o. many contingencies possible befor
~ the paddy became the property o
~ the plaintiffs, 1t must be delivered
u in good condition, and, if it was des
~ troyed by fire, the defendants would
~ have to pay back the advances witt
. interest. a large mass of author
% tiles is cited to show that the in
70, struction of the Court below wa
4 right, and therefore the exception
-; are over-ruled. The syllabus of dc
u, cision is as follows:
III "a agreed in writing with B t
U. sell and deliver Cat future time
.. certain paddy to be grown. Th
- agreement contains certain cor
iGi ditions as to quality, time of del
~ very, quantity and price preceden
g to the delivery and acceptance {
~ ,i the paddy,
81 Held: That it was only an execl
Va tory agreement and did not effe'
pass the title to plaintiff; and thu
replevin could not be maintaine
under it,"
Il. M, Hatch Tor plalntlns; W.
Castle for defendant.
ar GUARDIANSHIP.
m Kai Choug having refused to tai
of the appointment of guardian of III
IA. zee, a minor, Ho Sun has been a
mt pointed as such guardian. A. Ro
en- for petition.
W; CIRCUIT COURT TERM.
'N Judge Whiting finished the hea
ba ing of the Hawaiian Soap Works {
~ NV VS., T. w. Rawlins, bill in equity
~ injunction, yesterday afternoon, al
- proceeded with the jury busine
this morning.
of The prosecution entered no
MS prosequis in the cases Of All s.
in and Kiwai, each charged with maj
DIS, tanning lottery scheme. Peters
| is for defendants.
for Provisional Government VS.. You
of Hoy and Young Wal, gross che
eat On trial this afternoon before Il