The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-10
ST T WAR I
AND DAVIS
Are Given Gentle
Call Down by
the Judge.
KAMALO CASE
SET FOR TRIAL
RathbuFn Perjury Case Occupied
Circuit Court Yesterday New
Suits Are Filed.

rather caustic remarks on the part of
Judge Humphreys in Circuit Court yes
terday morning. The famous Kamalo
sugar case. in which Humphreys was
recently reversed by the Supreme
Court. was called up by F.. w. Hankey,
who stated that he understood the
matter was to be heard at this time.
upon the order of the Supreme Court
! remanding the case for further pro-
ceedings. Mr.. Hankey said he was
willing to have the matter go over
until the jury business had been con-
cluded.
T. McCants Stewart asked that the
case go over for a longer period; until
the return of George Davis. He said
he had not been consulted by Davis
prior to his departure from the Terri
tory. and that he would much prefer
to have the hearing postponed until
after the return of Mr.. Davis, who
was associated with him in the case
J. A Magoon protested against any
delay. He said he had been recently
called into the case by the Kamalo
| Sugar Company, and that they We're
suffering every day by this delay. He
protested against a continuance, stat
| ing that the Bishop Estate was get
! ting ready to forfeit the lease of the
land. unless something definite was
done Immediately. He stated that the
stockholders had already lost eOnsid-
cradle money by reason of this action,
and were likely to lose everything else
unless the case was heard at once He
understood that the matter had been
set down peremptorily. and believed
an immediate trial was of more press
ing Importance than any jury bust
ness.
Il was under the impression that
this case was set professionally. and
was not to be taken up until the con-
clusion of the jury business, said
Judge Humphreys THE jury work is
hardly likely to be completed before
Thursday of this week, and it may
take longer. 1 will set the case down
peremptorily for next Tuesday morn
ing. If Mr. Stewart intended to ask
for a continuance because of THE abb |
sence of Mr.. Davis. the motion win |
be- denied"
Il didn't intend to ask for con
tinuance." replied Stewart
You surely meant something; you |
can't have been talking here sfor five
minutes for nothing" returned the |
court.
Il didn't .ask for continuance; I
simply felt that some explanation was
necessary because of my objection to
having the matter taken up immedi
ately" retorted Stewart.
Il assume that when Mr.. Davis
thought of leaving he knew that this
case was to be taken up on the 9th.
| assume then that he settled with his
clients before departing. and if not,
ne can settle with them upon his re-
turn. The wheels of justice in this
court will not be stopped because of
the absence of Mr.. Davis, or any 9TH
er member of the bar"
RATHBURN PERJURY CASE.
The Circuit Court was occupied for
the entire day yesterday with the case
of VIM. X Rathburh charged with
perjury in his testimony before the
grand jury in the investigation of the
case of DR. A b. Carter. who. it was
alleged. shot Judge Rathburn on the
night of July 14th. DR.. Carter is al
legged 20 have committed the deed and
the matter was presented to the grand
Jury at it's last session. At that time
Rathburn testified that he did not en-
Ter the premises of DR.. Carter, but was
lut in the road when the shooting oc-
CURED. and he did not discover that
he had been wounded until after his
return home. This statement was con-
.radicted by DIT. Carter and other wit
lesses before the grand jury. who al
eyed that Rathburn was near the Ia
nai Of the Carter house when he was
shot The grand jury, instead of in
iicting Carter for the assault, returned
4 true bill against Rathburn for per
Jury.
The evidence before the jury yes
erday consisted principally of the
statements of members of the grand
Jury as to what Rathburn's evidence
lad been. and also the testimony OF
Or. Carter. Fredenberg. II. w. Kinney
md others as To what really transpired
N the eventful night. The latter nam
.d witness testified that Carter had
threatened to shoot Rathburn on sight.
or enticing his wife. At the close OF
he Territory's case Mr.. Robertson
moved the court TO direct a verdict for
Icquittal on the ground that no proof |
lad been made of the falsity OF the
Of Rathburn IL the grand
uIy He also contended that there
vas no proof that the grand jury I
which passed upon the case was prop