The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-03

OF A JUDY
|HCannot be Raised
In the Naval
Appeal.
LIBEL CASE AGAIN
BEFORE ESTEE
The Supreme Court Hands Down
Opinions i'm Two Unim-
portant Cases.

| Judge Estee yesterday refused to al
low a supplemental bill of exceptions
filed by the United States in the Homo
lulu Plantation Company case. The
supplemental bill raised the question of
the right of the lower court to hear the
case with a jury, but the matter was
not allowed to go to the Court Of APP
peals with TIE sanction of Judge Estee.
The motion of Attorney Milverton to
strike the exceptions from the files was
not allowed.
| Judge Estee refused to settle the bill
of exceptions for the reason that it did
not appear as of record that United
! States Attorney. Dunno excepted to the
ruling of the court at the time a jury
| for the trial of the Honolulu case was
allowed. The ruling as to the jury was
made in the Bishop case, and the ques-
| ton was not raised during the hearing
of the second case. The Court based
his decision also on the fact that he
knew of no law which permitted of an
appeal from a refusal to grant new
trial.
THE LIBEL CASE.
Judge Estee was occupied all day
yesterday in the hearing of the libel
suit of Hans Lorenzen against the In
ter-Island Steam Navigation Company
for $40, 900 for injuries alleged to have
been sustained by reason of being
struck with a lift of sugar from the
Noeau. A model of the Noeau was
brought into court for the benefit of
the judge. 1t was complete In every
detail. even as to the showing of the
machinery used in loading sugar. Sew
eral Hawaiian witnesses of the acct
dent were on the stand during the day.
Judge Estee stated at the opening of
the trial that the court reporters fees
would be assessed equally to plaintiff
and defendant, but Mr.. Dunno, appear
ing for the plaintiff, said he had not
one cent to pay the costs. The Court
stated that the record would have to
be made anyway.
Is DECREE IN TRAMwAYS CASE.
Is. A decree was signed yesterday in the
case of the Hawaiian Tramways Co.
VS.. the Honolulu Rapid Transit & Land
Co. 1t dismisses the bill OF complaint
and application for injunction and as
sesses the costs to the plaintiff
IN SUPREME COURT.
The Supreme Court handed down two
decisions yesterday, neither OF which
are of much Importance.
In the case of McBryde Estate VS..
Gay & Robinson, Judge Hardy is CEN
sured for granting a continuance, but
the time already having elapsed the
Supreme Court decision is of no effect.
The opinion is written by Justice Gal
braith, and Justice Perry writes a con-
curing opinion.
The syllabus says:
IAN application for continuance of
cause is addressed to the sound legal
discretion of the court.
a continuance
should stand on it's own merit.
"a Circuit Judge has no right to
make a rule or to follow the practice
of allowing a continuance of causes for
the term, on payment OF costs, without
sufficient showing therefor"
In the case of John II Estate VS.. Ka-
hini Mele the bill of exceptions is
stricken from the record because of
failure to present to the trial judge
for signature within the required time.
The opinion is written by Chief Justice
Frear.