The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-18
SET DOWN
FOR TRIAL
Jury to Fix Value
Of Naval
Site.
SEAMEN WOULD
JUMP THEIR BONDS
Value Of Bishop Estate Land 20
BE Settled BY Jury-Not a
Precedent.

Judge Estee yesterday decided that
the first of the Pearl Harbor condemna-
ton suits would be tried by a jury, and
he set the case for hearing as to the
Bernice Bishop Estate, and
the trustees under the will of the de-
ceaseds for the fourth Monday in
November. The ruling upon the one
defendant the court specifically stated
was not to be taken as a precedent as
to other respondents The court filed
no written opinion, and simply made
an order allowing the jury in the one
case
1T is understood" said Judge Estee
yesterday at the opening of court, that
in this case each defendant answered.
and demanded jury trial. I am only
giving an opinion as to one view Of
the case. I am not going to decide
question before we iget to it. 1 would
ask whether you wish to try these cases
altogether or separately"
Messrs. Stanley and Silliman, attor-
neys for the defendant, held a whisper
ed conference.
I'VE would like to know whether the
trial VIII be a jury or not, before an
swering that question" replied Mr.. ST.
liman.
This court cannot set a case upon
proposition as to what the court viii
do"
There was no response from the at
torneys for the respondents.
THE court will set the case of the
United States VS.. Bernice Bishop Es-
tate, the first defendant named for the
fourth Monday in November" Judge
Estee finally said, as the silence of the
attorneys continued. 1T will be I'M
derstood, however. that this does not
fix d precedent for the other cases. The
Supreme Court of the. United States
has held that no court shall do any
thing, which will embarrass or delay,
or control in any way any action in
which the United States is a party.
Both the United States and the citizens
of the Territory of Hawaii are inter-
ested in a speedy trial. and the United
States is anxious to have the cases fix
ed for trial"
II am arranging to leave for the
Coast November 18th, and the fourth
Monday in November will be a few
days after that date. I would rather
that the case be set for hearing ear
lier," said Judge Stanley
Mr. Silliman also announced his will
lingness to have the trial at an earlier
date, but Mr.. Dunno objected.
AT this time" he stated, the Unit
p. Tely All on
to the order of the court allowing a
jury. no matter what the question
which is to be taken before that jury"
This is not final judgment, Mr..
Dunno. Can an exception be taken at
this time?" asked the court.
ut may be one of the questions to
be considered on appeal, and the ex-
ceptions SHOULD be noted at this time.
AS to the question of an earlier trial,
I want to say that Colonel Baird is
not here, that have no clerk in the
office, and as there are a number OF
things submitted to me at the present
time, believe it to be wholly impossi-
BILE for me to be ready for trial before
the fourth Monday in November"
A motion to have the case as to all
other defendants continued to the same
time, was" also made by Mr.. Dunno.
! It was finally ordered by the court that
order.
NEW COURT RULE.
The following rule Of procedure
drawn up by Assistant United States
Attorney Dunno was adopted by Judge
Estee yesterday:
when various actions are pending,
or when a single action Is pending
with more than one party plaintiff or
defendant, all resting upon the same
general matter of right or defense, al
though there be no common interest
between the parties. the court, by or
der, at its discretion. may compel said
actions. or, in case of a single action
the claims of the various parties, to be
| tried together. and will enter decree
in such cause cOnformable to the evil
dence applicable thereto"
SEAMEN WOULD JUMP BAIL.
Acting United States Attorney Dunno
filed an affidavit yesterday in response
TO the one filed by Mr.. Fitch in the
cases of Mcdonald and Baker, the Off