The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-30
COURT WILLNOT HEAR
THE CASE OF
SUMNER
JUDGE ROBINSON SAYS HE WILL
NOT SIT IN A MATTER WHERE
IN HIS JUDICIAL POISE OF MIND
Is QUESTIONED

The entire forenoon in Judge Rob-
inson's court this morning was taken
up with an attack on the jurisdiction
of Judge Robinson to hear the pc
tition of Maria A. Davis to be appoint ed
the guardian of the property of John
X. Sumner.
George a. Davis this morning moved
for transfer of the case to some other
judge for hearing on the ground that
Judge Robinson was disqualified unlcr
the Territorial Act. The provision OF
this act on which the motion was based
was a part of Section "a, No Judge
shan sit on appeal, or new trial, in my
case in which he may have given pre-
viOus judgment. Davis contended that
Judge Robinson having given a decision
last week in the case of John X. Sum
ner by his next friend Maria A. DAVIS
against the Oahu Railway Company
and the Bishop of Panopolis, in which
the matter of Summers sanity was a
factor, was disqualified from sitting in
the present case in which also the SAN
ity of John X. Sumner was in queE-
ton.
Davis argued that by reason and
construction of law this case came
within the section of the Territorial act
inasmuch as the same fact and much
of the same evidence had to be con-
sidered in arriving at a conclusion.
Henry e. Highton made a very Ella
borate argument to the contrary. one
case he said was an equity proceeding,
the other matter in probate. The fact
he claimed that the former decision
could not be pleaded in bar of the pres
ent one, was conclusive that the two
were different matters notwithstanding
they related to the same persons, ana
that much of the testimony that might
have been introduced in one case could
be introduced in the other. one case
was not an appeal from the other, nor a
new trial in the same matter. They
were two separate proceedings having
some factors in common.
j. Alfred Magoon who had not hither-
to been in the case, sat down beside d.
Wis during the argument of Highton,
and after a whispered consultation
Davis asked that MagoOn's name might
be entered as associated with him IN
the case. This was done and at the
conclusion of Highton's address Ma
COON made an argument against the
qualification of Robinson to sit in the
present proceeding.
Just at u o'clock Judge Robinson
stated that he felt perfectly sure that
no decision he had made or conclusion
he had reached in the former matter
OF ANY dIS unlellJ lndue OF testimony AT
duced would affect or influence him In
the least in deciding the present case.
But since the motion itself had raise!
the suggestion of predispositiOn and
this suggestion had not been minimizcd
by the argument of counsel. There
fore he could not but feel that there
was or might be a doubt in the mi Is
of some of the litigants as to the judi
cial quality of mind he brought to the
consideration of the case, he refused &C
hear any further proceeding in the ma
ter whatever, and assigned the case &c
Judge De Bolt. This abruptly termin-
ated the matter before Judge Robsinsor
having occupied only one of the two
days Attorney Davis had said he would
require for the presentation of the pc
titioner's side.
Yesterday Judge Robinson askei
Judge De Bolt to take the case, bal
the latter declined on the ground chat
one branch of the general matter out OF
which it grew had already been heard
by Robinson. But when told of Rob-
inson's order of today, Judge De Bolt
said he presumed it would be his duty
to hear the case.