The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-17
QUE DAY
IN COURT
Robinson He ars
Criminal
Cases.
EN- BANG TO
BE ARGUED
Pain in Answer to,,Soyd Says That
lie Will Build Electric
Tramway.

| kia. Jap charged Win cruelty u
animals. was found guilty by n 1ur.
yesterday morning and sentenced b.
Judge Robinson TO serve a twenty days
jail sentence. and TO pay a ine o
J TO have beaten his horse almost 10 tn,
point OF death. knocking the ANNA
down by the force OF his blows The
same sentence was imposed as had beer
given by Judge Wilcox.
In the afternoon the trial OF All We
and Nishljama. charged with robbery
I'm the first degree. was begun. A jury
was secured and the principal witnesses
for the prosecution examined, when the
court adjourned until this morning at
o'clock.
At $3.50 this morning Judge Robin
son Is to sentence the williams boys
for the robbery OF warde's jeueiry
store.
HABEAS CORPUS WEDNESDAY.
The argument upon the application
for writ OF habeas corpus by Domingo
FerreIra will be made before Judge
Gear Wednesday morning. The return
OF the defendant was made by High
Sheriff Brown yesterday. and the con-
tinuance asked by the Deputy Attor-
ney General was granted. Ferreira
was released upon giving bail IN the
amount OF 5000. which was furnished
by Fred Harrison.
In the petition for discharge, after
reciting the fact OF the alleged illegal
conviction by jury before Judge Gear.
the petitioner says:
That the Honorable A. 8. Humph-
reys. First Judge OF the First Circuit
Court aforesaid. was In fact holding
court and actually engaged In trying
term cases In Honolulu aforesaid, and
within said First Circuit on the said
18th and nth days OF February. 1902.
and that said order OF sentence and all
proceedings therein In said action en-
titled Territory OF Hawaii vs.. DOmin-
gos Ferrelra.' were Illegal. In that the
Honorable George ID. Gear. Second
Judge OF said Circuit Court. who pre-
sided At the pretended trial in said case.
had no authority In law TO hold court
or TO try said case on said 18th and 18th
days OF February. 1902. during the time
in which and while the said Honorable
A. $. Humphreys was SO holding court
as aforesaid. all OF which appears by
the records OF the First Circuit Court
and reference 20 said records IS hereby
made and made a part hereof OF this
petition"
As Gear was the presiding Judge at
the time OF the trial. the Territory /,
claims that the conviction was valid. |
no matter II the en- banc decision holds /
good. Brooks contends that the Judges \
have no right 10 designate one OF their 4
number as presiding Judge. In the abb
sence OF n specific statute giving such
and that Gears court had
no more legal weight than Humphreys
court.
WANTS HIS RIGHTS.
Judge Gear yesterday signed a writ
n mandamus asked for by l.. II. Dee
against Victor Hoffman. as treasurer
of the McKechnie Paint & Wallpaper
Co. Dee claims that on April % he
acquired go shares OF the stock OF the
but that Hoffman refuses
% enter his name upon the books, and
he Is thus deprived of his rights as
The writ IS made return
,ble Friday.
I
The Hawaiian Tramways Company
md w. II. Pain. as manager, filed
answers yesterday 10 the suit OF J. II.
Boyd. Superintendent OF Public Works.
10 compel the removal OF the extra
tcCl rails on King street.
The defendant denies that in the ex-
.rCise OF its option IL has elceteL TO
CEs;ruct only a single track railway,
tut that said company has the right
, operate either a single or double
rack street railway. and that said op-
.on can be- exercised at any time. and
aid franchise being still unexpired IL
as the right TO construct and operate
double track railway.
The answer further says: And the
hawaiian Tramways Co. admits that
has laid said "girder" rails in and
pom said King street as aforesaid, for
he purpose and with the intention %
peratins and maintaining thereon
Runway by electricity"
II IS further set out that IN June.
500. the Minister OF the Interior was
gifted Of defendants intention TO op-
rate an electric railway in Honolulu.
nd OF the proposed alignment OF the :
oubie tracks upon the streets. and
hat on July p. 1899 a reply was re-
elved saying the Minister OF Interior
ad no objection u the plans submit
ID
Defendant further AYERS that IL has
legal right 20 construct upon King
.reet and other public roads In Homo
iiu. an electric tram or railway. by
irtue % contract with the Hawaiian
'inEd1m. and that lit intends 20 con-
.ruct. operate and maintain an cleo
ic tram and railway. and that In 80
llstruct'ug. operating and maintain
.- said electric tram and railway the
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