The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-24
DENIES THE
MOTION
Judge Gear Passes
on Maeoon
Case.
in
HABEAS CORPUS
Divorce Cases Furnish interest to
Yesterdays Session of
Circuit Court.

Judge Gear oyerruled the motion for
a, non-suit yesterday afternoon in the
damage suit of Harrison VS. Magoon
ct al. and the case viii go TO the jury
on its merits Monday. The non-suit
was asked by defendants on the
ground that the defendants We're not
bound by the action of the agents, who
also that no consideration was given in
the contract. The court in refusing the
motion stated that there were many in
teresting and intricate points involv-
ed, which needed more time for con-
sideration, and if perhaps he had been
given longer time TO study the matter
his opinion might have been different.
He said: The court realizes its duty
when a motion for non-suit is pade,
but hesitates to take a case from the
Jury unless the showing is very plain,
but this court will act when it sees its
upon. the court believes the jury should
consider it. After investigation of the
( over of attorney and the contracts,
the court is not fully satisfied that the
law is in favor of the defendants. and
unless fully satisfied of this fact, /
cannot grant the motion.
There is some question in my mind
-he Iot III
of attorney, but it seems to me that it
binds the members of q corporation in
dividually as well as in a! body. 1 am
not convinced that the plaintiff has not
made case which puts defendants on
their merits as to proof.
Defendants excepted to the ruling of
the court, and gave notice that mo-
lions for non-suit had not been exhaust
| ed. The jury on this case was excused
until Monday morning at $50 o'clock,
when the hearing win be resumed.
HEARING OF SECOND WRIT. -
| The hearing of the application for a
second writ of habeas corpus in the
t case of Yamani Nanchuria was COM
menced before Judge Gear yesterday
morning The petition fled by Attor-
ney Brooks was attacked by Deputy
Attorney General Cathcart on the
ground that there was no showing that
the application had been made at the
instance of Yamani. as the application
was signed by Fred. D. Maxine for pc
titioner, who nowhere appeared in the
case The court sustained Mr.. Cath
cart as to the defect in the petition
and allowed Mr.. Brooks until aftern ron
to amend In tine afternoon the case
/ was heard on its merits and the court
| will pass upon the question this macn-
ing.
The Deputy Attorney General put At
torney Brooks on the stand to show
that his client was not entitled to the
| writ of habeas corpus on the ground
that the delay in trial was due to Mr.
Brooks. who it was shown had agreed
to a continuance Of the case in Judge
! Wilcox's court to next Tuesday Ms
Brooks said that he had tried to secure
/ a trial. but it had been refused because
/ the grand jury was in session at the
time. and afterwards because the Pros
eeuting attorney asked continuance
He admitted that ne had consented tC
1.-The last continuance. from August u to
August 81, but that it was only be
calse of the fact that the court IL
itendcd to make the order in t1T even
Il Judge Wilcox was also put On III
stand by Mr.. Catheart.
"ycu are District Magistrate. are vol
rot was the first question.
II am one of them. we have two
here was no provision for FIRST :"
second magistrate; both OF them ar
magistrates"
Tell the court about the proceedings
lin y hich Yamani was a parry.
L granted the continuance. Air
Brooks wanted a trial, but cheerful!
iacouiesced in a continuance to Angus
liz. He seemed to be addressing him
lself to the crowd rather than to tn
. court
THAT is only a surmise on your part
isn't it. Judge?" asked Mr.. Brooks.
Il don't know; it appeared that way
to me-.
rs that the reason you granted tn,
. continuance" Judge Gear inquired
mo; 1 don't think so. Mr.. Brook
suggested next Tuesday as good da!
for hearing the case"
ON cross examination Mr. Brooks
asked the witness if he had not said h
wouldn't hear the cases because of tn
} fact that the grand jury was in ses
. sion.
Il didn't say 1 wouldn't. l suggested
, that il would save a lot of trouble ant
expense if they were taken to tn
grand Jury first" was the reply.
you didn't know" asked Judge Gear
THAT the Attorney General was advis
ing the grand jury not TO consider tn
cases. did your
..The Attorney General is not in tn
habit of consulting the District Magis
trate." Judge Wilcox replied
II don't think he could have know
mat said Mr.. Cathcart, for that wa
mot the case.
4 understood that it was" SAT-
Judge Gear. Il was told that the At
itorney General had told the grand jur,