The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-03
CIRCUIT JUDGE CALLS CALENDAR
ALL CASES MUST Be READY AT
ANY TIME CALLED AND
WITHOUT NOTICE.
Various DiscOntinuances FiIed-sstee
Issues order-lneOme Tax Appeals
sodsrsren To ser~e-Haasy
Cure case-cOurt Notes.

Judge Gear yesterday morning re
called the calendar for the special
term, many cases being continued till
the November term and a few drop
ped. Il having been announced that
the calendar would be gone through
there were q large number OF attor-
neys on hand nearly all being ready
with their cases.
No attorneys appearing on either
side in the case of NJ. Phillips against
Chin Chong Chow. the matter was
stricken from the calendar. 1t was
appealed from the District Court
Judge Gear stated that he expected
all cases to be ready when they were
called He mentioned the fact that
of late there had been some delay on
account Of cases which had been an
swered as ready. proving to be other.
wise when they were reached. The
cases must all be ready without no.
tee" said the judge. and | hope that
after this announcement no attorneys
will be taken by surprise if their
cases are called and stricken from
the calendar, unless they have good
excuse for postponement-"
The Harrison-Magoon Hagey Cure
trial continued before Judge Gear for
the greater part of yesterday.
Harrison was on the stand for some
time. When counsel for both sides
had finished with him and he was told
that he could leave the stand. Harri-
son said: Il want to explain concern
ing
Mechanism. for defendants. rose to
his feet and strenuously objected.
Il object. Your Honor. to this meth
cd of procedure" said he.
Objection overruled." said the
iudge. What is it that the witness
wishes to explain?
Harrison said that he wanted to
qualify a statement he had made on
the stand on the day previous con-
corning L. G. Ables and the sheep
ranch which Harrison had turned over
to Ables in New Zealand. McClana-
han again objected. centendiug that
the witness had no right to qualify
or alter any testimony which he had
already given.
THE objection is overruled.'' said
Judge Gear. ANY witness has right
to explain any testimony he may give
in this court"
Harrison went on to explain that
when he had turned over his New
Zealand sheep ranch to Ables, the lat
ter had stated that he would make
money out of it .intimating that he
had made a good bargain.
do you think AbIes made a good
bargain" said McClanahan
81 certainly do was the reply
The plaintiff resting. McCIanahan
for defendants. moved for non-suit on
the grounds that there had been nc
proof of any consideration for th
contract sued upon being a sheen
ranch. which passed under execution
of another contract: that there were
no signatures affixed to the contract
sued upon. sufficient to make the Ha-
gey Company responsible; that there
was one signature lacking and that
the firms signature did not appear.
Also that there was no proof of the
contract sued upon and that there was
lack of consideration for the several
promises and obligations of the sew
eral parties and. further. that Their
was no proof of notice of dissatisfac
ton with the contract on the part OF
the plaintiff.
Magoon. for defendants. stated that
there We're one or two important con
siderations which hadenot been argueS
in the case and the jury was excused
while Magoon proceeded to argue tt
the effect that there were several diff
ferent partnerships and that the part
nerships and that the partnership
sued under was not the partnership
liable When court adjourned shorts
after 4 O'Clock In the afternoon the
case was still proceeding. It will con
time today.