The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-08
COURT NOTES.
The First Conviction of the Term
Occurred Yesterday.

Third day of the February term.
Two juries were presided over by both
Circuit Judges yesterday, Judge
Whiting having charge of criminal
case and Judge Cooper in charge of a
civil case.
In Provisional Government Ha-
waiian Islands VS.. William III. Cum
mings, assault and battery, on appeal
from the District Court of Honolulu,
the jury returned a verdict OF guilty.
This is the first conviction of the term.
The Court declined to have the jury
polled on defendants motion. J. L.
Kaulukou for the prosecution, w. G.
Achi for defendant.
The case before Judge Cooper and a
Hawaiian jury is entitled KaIa and
Annie Kumualii VS.. c. p. Iaukea, be-
ing suit in ejectment of land situate
in Manoa, Honolulu. To be continued
this morning. J. A. Magoon and S.
K. Kane for plaintiffs, c.. Brown for
defendant.
All Poe, fined $50 in the Honolulu
District Court for unlawful possession
of opium, has filed his certificate of
appeal to the Circuit Court.
David Watson, found guilty in the
Koolaupoko District Court for vag-
rancy and unlawful possession of
opium, has also filed certificates of
appeal to the Circuit Court. For the
former offense he was sentenced to
three months prisonment at hard
labor, and for the latter offense he
was fined $50.
Messrs. A. r. Rowat, J. w. Jones
and w. G. Ashley, defendants in the
equity suit filed by j. F Bowler,
in connection with the newspaper
Elele plant, of political fame, have
filed their answer, denying the allega-
tions contained in Bowler's COM
plant. The answer, which is inter-
esting, recites some political history.
+. Nj. Hatch for the defendants.
In the matter of the estate of J. +.
q. Banning, the Supreme Court yes
terday filed two decisions on points
incidentally raised during the argu-
ments made at the last Deem
Der term of said Court. Although
orally rendered at the time, they are
now made in writing. The principles
of law involved are stated in the syl-
labus as follows:
ga Circuit Judge revoked an order
of discharge of an administrator, or
dered new account and directed the
administrator to credit himself with
the money and securities mentioned
i'm a receipt by one of the devisees:
Held, the order respecting the new ac-
count was not final and was, therefore,
not appealable."
Judd, CD, Bickerton, J. and Cecil
Brown, Esq, acting Justice in place
of Frear, J., disqualified, signed the
decision which raised the FOREGOING
principle of law.
Only Judd, CD, and Bickerton, J.
decide this point.
Where the testimony of a Judge
given in a case becomes the subject
matter of review on appeal, he should
not sit in the Appellate Court. a Cir
cult Judge, who made an order i'll
case and thereafter was appointed
Justice of the Supreme Court, is not
thereby disqualified to hear the case
on appeal. A Circuit Judge to be dis
qualified from sitting as the third
member of the Supreme Court Zone of
its members being disqualified), must
have previously decided the exact case
or issue appealed from. The word
cause in Section Sc of the Act to re-
organize the Judiciary Department
does not mean the estate in probate
from which the question comes"