The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-03
THE DAY
IN COURT
Another Attempt
To Clear the
Calendar.
OBJECTIONS MADE
BY ROBERTSON
Land Case is Submitted-Mo
for Non.Suit in Harrison VS..
Magoon Case.

uneventful day in the courts. Judge |
Estee held court but a few minutes, |
and Judge Little and Judge Gear were
occupied with the same cases that have |
been on trial since the beginning OF the |
week
IL the case of Harrison VS.. Magoon, |
plaintiff concluded his testimony and
rested. Defendant then made a motion
for non-suit which was still being ar
gued up to the adjournment of court. |
| 1t is ON the same grounds as before, |
Judge Gear having once before refused
motion for non-suit in this same case.
! The case of Honolulu Investment Co.
Tvs. Helen K. Rowland and others was
submitted last evening, both in evil
dence and arguments. At the opening
of court yesterday morning. Judge Lit
! tie cverruled the motion for non-suit
and defendants introduced evidence to
prove their title to the land in contro-
veIsy.
Judge Little also heard further evil
dence in the spendthrift case of Kalua
Kahipiki, and intimated that he would
not terminate the guardianship of Mr.
Magoon as the reformation of the peti-
toner was not very evident. He stated
however that he was willing TO hear
further evidence upon an application for
an increase in the allowance now made
to the spendthrtft. Further hearing of
T. the case was postponed because of the
+ absence of witnesses. The hearing will
n probably be resumed this afternoon
CALENDAR CALLED AGAIN.
{ Judge Gear called the civil calendar
again yesterday afternoon, and told the
= attorneys that they must have their
cases ready for trial, and the witnesses
e III court ready for hearing at any time
= He stated that five cases in tbair ar
der on the calendar must ALWAYS he
: subject to call for Immediate haarfno
= IN case where the parties to the suit
It Neo upon one Of the other islands, At
IS torney Robertson made an obtec+ion
is anu aSheu that such cases be given a
special Gay Tor hearing, so that the at
al 'o' iieSS hisht nave time to summon
"1'ieaSe7' Judge Gear replied that he
al """iu not 90 that. Men on the other
lsidiluS had no business suing and being
Sueu, unless they We're ready to cone
60 INTO court at all times. Mr. Robertson
replied that it would be manifestly un.
4 lar TO ask the witnesses and parties
&c TO suit to come in court on the open.
Il ms day, and remain in Honolulu unit
20 their cases should be reached. sayins
III that many Of these men, In bushes.
on the other islands, would prefer beine
a subjected to a default rather than ex
t pend more money than the cas-,
Id amounted to in attendance upon court
He related an incident of the last tern
ct of court, where clients of his came t
Honolulu from one of the other islands
A. on the opening day of the term an,
ID renamed here for over month anC
ye finally were compelled to leave, theil
Il. case not having been reached. Judg'
Gear finally stated that the attorney!
must be ready in all cases when they
were called as he could make no dis
10 tinction in cases from the other islands
m but that If witnesses were not on han(
I'll upon the day the case was called h
be would be as lenient as possible will
the attorneys and grant a continuance,
-. of two days. or until the witnesses coult
- be reached.
In the case of Charles X Towt VS.
Kona Sugar Co. Mr.. Magoon made
similar complaint, as his clients are ais
he on the other island. Mr.. Hanbey 4
P. attorney for defendant. Il guess you
Mt people will get here by the time Hanke,
gets here" the court remarked.
The case of L. L. McCandless VS.
Samuel Andrews was discontinued an,
the case of NJ. Phillips & Co. VS.. Chon
r, Chow was dismissed as there was n
appearance on either side.
- The case of Gehring 81 Butzke vs.
Campbell & Minton, assumpsit, was dis
continued, and was also the case of I
I B. Kerr VS.. Theresa Wilcox
Quite a number of cases were set 70
next week, mostly those to be tried t
the court which will be taken up durin
dS the noon hour. Judge Gear announce
Pr that he was ready to take up pressin
court cases, which led one attorney aft
er another to announce cases of press
ing Importance which they wished I
be heard Immediately. The action
. the attorneys was quite laughable. A
soon as one of these cases was annount
ed, the opposing counsel Immediate
arose with a demand for another cas-
Il am perfectly ready to take up ths
case, your honor, each one said
turn, but I have one of much mo-
pressing Importance. which should pr
the cede that one" When half a dozen a
torneys had made the same excuse II
court announced that all such cas-
would be set for trial. which was don
They will be heard during the noe
,R- hour next week