The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-22
JURISDICTION
If COURT
SUBJECT
HUMPHREYS WILL MOVE TO
QUAsH INDICTMENT AGAINST
JAMES H. BoYD-MATTER WILL
BE HEARD ON MONDAY.

The legal fight for James H. Boyd
began this morning, when Humphreys
and Robertson both appeared in court
with motions and pleas which will be
the subject of argument in the Supreme
Court, If they are overruled without
argument by De Bolt, as seems prob
able. The court was busy with a jury
case and did not take up the matter,
but the first plea was filed by -.obertson
and Humphreys gave the court notice
and copies of motion and plea which
he intends to file.
Robertson's move was an attack on
the Jurisdiction of the court, in the
following form:
And now comes the said James H.
Boyd, defendant herein, in his proper
person, appearing specially only for the
purpose of dismissing said cause, and
AYERS and shows that this Court ought
not to have or take cognizance of the
above entitled cause nor of the matters
set forth and alleged in the indictment
herein, nor to hear or determine any
issue that might be Joined thereon for
the following reasons:
THAT the said Court as convened at
said November term by the Honorable
John T. De Bolt, First Judge of said
Court, has heretofore during said term
been and is now being presided over
and trials of causes by jury conducted
before only one judge of said court, to
wit by the said Honorable John T. De
Bolt, First Judge as aforesaid, not
withstanding that the law provides that
said court shall consist of three judges.
THAT at or about the time that said
term of said court was convened by
the said Honorable John T. De Bolt
First Judge as aforesaid, at this pre-
sent term of court, another Judge of
said court, to wit, the Honorable w. j..
Robinson Third Judge thereof, con-
vened said term in another public court
room of the same building in which said
term was convened by said Honorable
John T. De Bolt as aforesaid and in
which these proceedings are now being
had; that the said Honorable Third
Judge Of said court, upon conVening
said term as aforesaid, summoned
jurors for the trial of causes upon the
regular calendar of causes for trial
at said term; and that the said Honor
able Third Judge of said court and the
said jurors so summoned by him as
aforesaid have been and are now enga-
ged in holding said term of said court
in said court room, and in the hearing
and determining therein of the causes
upon sad calendar.
"And these matters the said James
H. Boyd is ready to verify.
whereof he prays judgment whe-
ther this court can or will take further
cognizance of said cause"
When the matter comes up on Mon
day it is expected that this plea will be
overruled, as Judge De Bolt has already
decided the point involved. Next will
come a motion to quash the indictment
by Humphreys, and when that is de-
MED, as expected, a plea in abatement
will be filed. The attorney stated his
willingness this morning to submit the
points without argument, and De Bolt
said he will look over the documents
before Monday and be ready to rule on
all of them when court convenes Mon
day morning, at which time Boyd will
be called upon to plead to the three
charges against him.