The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-13
THE SUMNER
CASE AGAIN
Robinson viii Now
Have to Hear
It.
GEAR SAYS he
IS DISQUALIFIED
PostPonement OF Case Accom-
plishes the Desired
Effect.

The Sumner case will be determined
by Judge Robinson The motion of the
respondent for an immediate hearing
was considered by Judge Gear yester-
day morning, and he ruled that he was
disqualified and would not pass upon
the matter at all. He said that the
question of jurisdiction would have to
be passed upon by Judge Robinson, to
whom the case was assigned. He gave
as reason for disqualification the fact
that he had been engaged with Hum
phreys in an attempt to have Sumner
declared incompetent and placed in
charge of a receiver. Davis excepted
to the ruling of the court in his usual
emphatic manner. The case will come
Monday.
The ruling of Gear at this late day
that he has no jurisdiction is in effect
a decision in Davis's favor. The sole
object of the defendant was to secure
an immediate hearing, as Sumner wish
ed to return to Tahiti as soon as pos
sible. The hearing has dragged along
for over a week now upon one pretext
or another, and by the time the matter
is taken up the two weeks given for re-
NEW TERM BEGINS.
Judge Robinson will open the special
September term of court Monday morn
ing. Only jury-waived cases will be
considered unless there are criminal
cases of pressing Importance to be con-
sidered. The criminal cases which have
been continued to the special term will
again be continued to the regular No
vember term. The regular August term
Of court will be ended this evening.
MURDERERS SENTENCED.
Judge Gear sentenced George Ferris
and ISimura to be hanged by the neck
until dead" yesterday. His pronounce
ment of sentence was a mere formality,
as under the statutes verdict of guilty
lent to a death sentence. The high
sheriff is directed to carry out the SEN
tence of the court. In the case of XII
mura H. W. Robinson, his attorney
has appealed to the japanese consul for
aid in case an appeal is taken. An ap-
peal will also be taken in the Ferris
case, and stay of execution asked I'M
til the matter is finally passed upon.
LANCASTER DIVORCE CASE.
In the Lancaster divorce case the de-
PENDANT appeared yesterday morning to
show cause why he should not be pun
ished for contempt for failure to pay
alimony, required for the support of
his child. Lancaster was on the stand
in response to the summons, and admit
ted that he was SIS behind in his pay
ments to his wife. Lancaster said he
was earning s24 a week, but that he had
had trouble which prevented his paying
the alimony. Questioned by the Court
as to this trouble, he said he had been
fined $31. so in police court for adultery,
and on another occasion $23 on a charge
of assault and battery. There was f.
nally an agreement that if he pay $50
Immediately the plaintiff would wait
for the balance. Then it was discover
ed that SIS was not the amount really
due, the wife claiming $3.50. The ac-
counts were found to be so mixed up as
to make an immediate settlement i'm
possible. and F. H. Loucks was ap-
pointed master to ascertain the amount
really due. w. S. Fleming appeared
for Lancaster.
HALL WANTS HIS FREEDOM.
Willie Hall, spendthrift, has made
a second attempt to secure his freedom
from Geo. r. Carter, his guardian. In
a petition for the discharge of the
guardian, filed yesterday, it is alleged
that Hall has an estate worth $4,000,
which should produce $4,000 a year, but
that he has only been allowed $3.50 by
his guardian. Hall says that when the
guardian was appointed he did not I'M
derstand the nature of the proceeding.
Hall says he has lied a moral, careful,
upright life, as far as he could for a
year, and now wants to be released
from guardianship. This is the second
attempt to GUST Carter, who was ap-
pointed at the request of all parties and
the court.
COURT NOTES.
The order to show cause in the Flint
case for non-payment of alimony was
continued by Judge Robinson yester-
day The case will be heard this morn
| ing.
Otto Rabe has asked for an order di-
recting William Mulch and Fred Har-
rison as executor to pay him his one
fifth share of the estate of Gulstar