The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-05
THE AUGUST
TERM OPENS
Attack Is Made on
the Rules of
Court.
JUDGE GEAR HOLDS
THEY ARE GOOD
Ferris Is Refused a Continuance
Without Proper Showing.
The Juries Called.

| the August term of court yesterday
morning. Both court room and corri-
doris were crowded with attorneys,
jurors, accused men and witnesses
when Bailiff Ellis opened the session.
| The criminal calendar was first call
ed. In the transition cases William
Ester and Kaluna. continuance was
taken until this morning. their attor-
ney not being in court The Hall case
also went over until this morning.
| In the case of Muranaka, charged
with robbery in the first degree. the
defendant is thought to be dead. and
| the case was continued until the mat
| ter can be investigated. Judge Gear
remarked jocularly, 1--WE won't try him
| If he is dead"
! In the case OF George Ferris. charg-
ed with murder in the first degree, At
| torney Reynolds asked for a continu-
ance to the latter part of September or
lOctober in order that he might have
time to secure the return of the depo-
| sitions as to character which were or
dered by Judge Humphreys to be taken
in California Deputy Attorney Cen
1
the defendant be compelled to file Aft
davits as to the materiality of the evil
dence. Gear ordered this done, and he
will then pass upon the motion for a
continuance.
/ In the case of All Lin. charged with
being unlawfully on the premises of
another, Mr. Douthitt moved for nolle
prosequi and the defendant was dis
| charged.
| In criminal case in which Judge
Kaulukou appeared as counsel, the at
torney answered ready in rather
hesitating manner. Judge Gear said
that he wanted to be sure that the
case was ready and that the attorney
must appear whether he received a fee
or not. KauIukou replied that he new
er replied ready" until he had been
given a retainer, which led the Court
to remark that he was only providing
against the practice at former terms Of
court.
ONLY CRIMINAL CASES.
Judge Gear announced that only
criminal cases would be heard at this
term. as he expected that the court
would be occupied entirely with such
matters The civil calendar will not
be called at all. This does not apply
to divorce Iibels, which will be taken
up as usual, when of pressing import
ance.
ATTACK ON COURT RULES.
In the case of Bishop & Co. VS.. w. H
Pain ct al, the defendants asked to
nave the complaint stricken from the
files on the ground that there had been
failure to comply with the rules of the
court as recently adopted by the three
judges. The failure was in the lack of
endorsement on the back of the COM
plant of the title of the case and
names and address of counsel Mr.
Creighton. who appeared for defend
ants, said that he was unable to find
who the attorneys had been and was
compelled to take service on plaintiffs
in person.
Judge Stanley. who represented the
plaintiffs, replied that he was aware of
the rule. but did not know of any pen
atty which attached in case of viola
ton. 1t was not such an omission, in
his opinion, as called for Judgment
against plaintiffs. Mr.. Creighton re-
piled that the court had power to make
rules, and certainly to enforce them.
and insisted that the petition should
be dismissed and the summons quash-
ed
Mr.. Stanley commended that the rules
of the Circuit Court had not been made
according to the directions of the stat
ute, which provided that they must be
signed by a majority of the judges.
! These rules had been signed only by a
minority of the judges and consequent
ly they were not valid. He argued
further that the rules We're not for the
convenience of the attorneys, but for
the court ana the clerk, and that no
such drastic rule as asked by the de-
PENDANT was intended by these rules of
court. Judge Gear decided that the
petition should not be dismissed. but
ordered the summons quashed. Mr..
Stanley was given leave to amend the
petition and it viii be served again.
The Court held that the Legislature
could not take away the right of the
court to make rules. and a statute
compelling such adoption by majority
81 the judges could not take the right
from the court to make rules for its
own guidance. He held further that
with these rules in existence there
NC SoIiiV pCIldilS ny NHlCH 'iVJ
could be enforced. though there is
nothing in the rule of itself.
JURORS ARE SUMMONED.
The trial and grand jurors for the
August term were called by Bailiff Ell
lis after the criminal business hal been
disposed Of. Samuel Kanakanui and
r J. Amweg. both grand jurors. were
excused for the term The following
are the grand and trial jurors:
Grand Jury-Frank Armstrong, Fred.