The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-10
BUSY DAY
IN COURT
Rev. Mr.. AzbiII
Speaks In His
Own Behalf.
j. A. MAGOON
TRIES TO EXPLAIN
F. Pahia Locked Up for Contempt.
Grand Jury Makes a
Partial Report. 80 );

1eSteTudS was puSy Ody In the
}Circuit Court, despite the fact that the
sessions We're considerably shorter
than usual. In the morning the Grand
Jury reported, following which was
another controversy over the Levy
Azbill suit, in which the defendant took
| his own part, and following this Judge
jail for contempt. until he shall have
signed the deed ordered by the court.
For nearly the entire day the cause
of Sister Albertina VS.. the Kapiolani
Estate was on trial, and in the after
noon the Love spendthrift case was
continued with Mr. Magoon again on
the rack.
THE AZBILL CASE.
The motion for new trial In the case
of Levy VS.. Azbill was overruled by
Judge Gear after a lively tilt between
the attorneys on either side. Attorney
Magoon asked for a new trial on the
ground that the decision of the court
was wrong in that it did not accord
with the facts. 1t was on the theory
that MIR. Azbill could not perform his
part of the contract, which defendant
said was not true The court support
ed the decision by reading from the
lease, which showed that Mr.. Azbill
could not sublet the property unless
with the consent Of the owner. The
court found it necessary, said Judge
Gear, "to characterize Mr.. Azbills ac-
tions as not becoming a gentleman of
his cloth. l will now allow Mr.. AZbill
to speak in his own behalf" This was
in reply to the objection of Attorney
Davis TO having the reverend gentle
man address the court.
1T is my right to be heard in my own
behalf" replied Mr.. Azbill.
1T is not right" said Judge Gear,
only a courtesy allowed you by the
court.
Mr.. Azbill then addressed the court at
length stating the terms of the lease,
and alleging that he had been ready to
perform his part of the contract, and
that Mr. Levy was not. He stated that
he had been told by plaintiff that Mr..
Wood was favorable to the lease; 9TH
erwise he would have made an assign
ment of the lease, and not a sub
lease.
Mr.. Davis broke in with the state
ment that Mr. Azbill had $3.50 belong
ing to Mr.. Levy and should have re-
turned 1t.
The Court: He is legally bound to
return this amount. / don't know that
I should have gone so far in my deci-
sion as to say he was morally bound.
but there is no doubt of the fact that
he was legally bound"
The court then overruled the motion
for a new trial. holding that there were
no errors in the evidence as far as he
could see. Another controversy en-
sued when Mr.. Magoon asked a stay
OF execution upon the filing of a bond
of $500. A piano and horse and buggy,
belonging to Mr.. Azbill had already
been taken under a writ of execution
by the High Sheriff. and Mr.. Davis
contended that $500 wouldn't cover the
Of damages and the costs In
Cured by the sheriff in keeping the
minister's horse and buggy. Mr.. Ma
COON finally agreed to pay the sheriff's
costs in addition to the bond, and the
matter was settled In that way No
tice of appeal to the Supreme Court
was filed.
GRAND JURY REPORTS.
At this juncture the Grand Jury re-
ported its willingness to make re-
port TO the court and that body was
brought into the court room Foreman
Ables handed a paper to Judge Gear,
which he read and returned He then
stated that the report contained infor-
nation of indictments of persons not
-
on that account. 1t was also stated
that the Attorney General had an
nounced his intention of bringing the
nabeas corpus cases before the Grand |
Jury on or before Monday Yesterday
he Grand Jury considered the case of |
Chung Sing, the Chinese, shot while at
tempting to rob a hen-house The ex-
terror evidence to this effect was a |
basket full of live chickens which were |
carried into the witness room
PAHIA SENT TO JAIL AGAIN
Judge Gear passed upon the case of |
Frank Pahia, application for a writ of |
labeas corpus, yesterday morning, de- |
aging the petition and remanding Pa |
MIA to jail for contempt. to remain |
here until he signed the deed and re- |
turned the property purchased from !
he minor ward OF Poepoe Pahia was |
-e-arrested yesterday and will have
lime to mediate over his troubles while
lis attorney Is trying to secure another
writ and appeal to the Supreme Court.
In passing upon the case of Pahia.
Judge Gear said: I'm the matter of F.
pahia, application for writ of habeas
corpus, l have considered the authori-
les cited very carefully, and agree
With the applicant that unless the
,ourt had jurisdiction in the matter the
ase should be dismissed and the de-
endant ordered discharged. But the
.ourt is satisfied that he has jurisdic-
ion not only of the subject matter but
Llso over the person of the defendant
Who has himself submitted to 1t.
I'm probate cases where the property
# a ward is in the custody of the
ourt, and the guardian is compelled TO
make accounting to the court there
an be no question of Jurisdiction.
til ~ aunt Ia |