The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-04
1t Tie
AND GEAR
Both Held Sessions
inCircuit Court
Yesterday.
MACON IS
AGAIN SUED
Ills Administration of Spendthrift
Trust Attacked = Instructions
Coming nl0G0 Acre Case.

Two circuit courts were In session
yesterday in the Judiciary building, be
sides the Federal court below Neither
Of the circuit courts were overburden
ed with work during the day, and were
in session only at irregular intervals.
pied the bench yesterday morning with
Judge Gear, while the latter read an
order signed by Associate Justice Perry
calling Judge Little to preside in cases
wherein Judge Gear is disqualified.
The court further announced that
there could be no special term of court
to follow the August term, as he had
discovered a section of the law which
left the option of calling special terms
of circuit court to the Chief Justice.
Judge Gear evidently was not pleased
With the arrangement, and as the Chief
Justice was not in the Territory he
saw no way by which he could further
relieve the congested condition of the
docket
For some reasons the lawmakers of
Hawaii framed the statutes with an
idea that the circuit court was a baby
requiring the presence of the Supreme
Court at all times,' remarked Judge
Gear. II don't think that with two
members of the court gone, anything
can be done, and there is no way by
which a special term could be called .
The attorneys generally are of the
opinion that Judge Perry can act as
Chief Justice during the absence of the
remaining members of the court. but
Judge Gear does not take that view of
the situation, and after the conclusion
of the present term, there will be no
session until November. Judge Little is
of the opinion that Judge Perry could
order a special term.
NOLLE PROSEQUI ENTERED.
In the case of Matzuo, Jap charged
with aiding and abetting unlawful in
tercourse, a nolle prosequi was entered
by Deputy Attorney General Cathcart
because of the disappearance of the
witnesses. The prisoner was represent
ed by Attorney Brooks, and when the
case was dismissed there being no in
terpreter present the court asked Mr.
Brooks if he was not able to speak
sufficient Japanese to make the prisoner
understand what had been done. The
attorney answered that he knew enough
Japanese for that and led the defendant
CT Dc h.
attorney caught the prisoner by the
shoulders, waved his hands in the all
once or twice, and then with a loudly
whispered Pau gave him a gentle
shove towards the stairs. The Jap I'm
derstood his attorneys lucid interpreta
ton, and waited for no second invita-
ton. Nolle prosequi was also entered
in the cases of two Chinese charged
with gambling, both of whom with
drew their appeals.
DUNE HEARS FROM WASHING
TON.
The case of j. B. Atherton vs.. Tn
Wahiawa Sugar Co, which was set 70
trial yesterday, was again postponed til
Saturday upon the request of Deput,
United States Attorney Dunno, who ha
interviewed on behalf of the Unite,
States This is the case in which
was claimed that the Organic Act pro
hibiting the holding of over one thou
| sand acres by one corporation was beirj
violated. Judge Gear called the atten
ton of Mr. Dunno to the fact at tn
time, and then postponed the hearin
| for thirty days until he could communi
| cate with Washington. When the cas-
was called up yesterday Mr. Dunno ask
ed for further time, and in support o
| his plea read the following telegram:
Washington, August 20.
]. j. Dunno, Acting U. S. Attorney, Ho
nolulu, Hawaii
| Replying to your letter of 3rd instan
have sent you full instructions by to
days mail.
| P. C. KNOX,
| Attorney Genera
Judge Siliman objected to a furthe
| continuance claiming that valuable in
terests were at stake, and it was I'm
| derstood at the time of the forme
continuance that the United State
should have but thirty days time H
said he had received advices from pri
yate sources that the instructions con
yeyed in the letter would be simply
| request the United States attorne
not to intervene. Mr.. Dunno reptile
that he could not take any action o
| rurnors, and could simply abide b
what the attorney general had tele
graphed The court remarked that
was too bad that the attorney genera
shouldn't have added another word, 5
that he might know what the instruc
lions were Mr.. Silliman said that h.
| information had come from Washing
ton through parties who had been tol
by Attorney General Knox, but
stated that he could reveal his sourc
of information only to the court, Sc
cretly. The court replied that in vie
of the fact that the instructions woul
surely arrive by the Gaelic he coul
not start the trial until they We're re
tceiyed, and refused to even conside
the suggestion that he might procee
Immediately. The hearing was the
set for Saturday morning, by whic
time it is expected that the instruc