The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-20
GEAR AGAIN
IS At FAULT 7
Departure Affects
Pearl Harbor
Case.
BRIEFS IN NOTION
FOR A NEW TRIAL
Humphreys on Railroad Bonds.
Supreme Court Decides
Tax Gases.

( Honolulu, already the source OF CON
siderable Inconvenience To Circuit
Court Htigants. is likely also to resul;
in a new trial Of the case OF the Unit
ed States vs.. the Honolulu Plantation
. co. in the Federal Court. Saturday
morning the motion for a new trial,
, filed by Mr.. Dunno was called up be-
fore Judge ES;ee and it was agreed to
submit the motion upon briefs. To b
filed within four days. When the
matter was called up Mr.. Silliman pre-
7 scented an affidavit signed by NJ. NJ.
! Kohn in reply to the charges made BY
( the plaintiff. in which the juror vigor-
I ously denied the assertions of United
! States Attorney Dunno. Kohn made
practically the same statement as was
published in the Advertiser over his
( signature few days ago and added
/ that the relation Of client and attorney
( did not exist between himself and
( Hatch K SiIliman. He says that their
relations ended when Mr.. Silliman took
his seat uPOn the bench. and they have
never existed since that time. He de-
MES also that he was biased in any
way and says that Judge Gear had
already rendered a decision in that
case in favor Of plaintiff and against
himself
Mr.. Dunno in reply to the affidavit,
said that it did not state facts and
asked that the record of the Circuit
Court be brought into Federal court.
unless Mr.. Silliman was willing to ad-
nit that the case was not concluded,
and that he still appeared as record
for juror kohn. Mr.. Silliman explain
ed that the case was concluded except
ing that the Judge, Gear, had failed to
sign the decree. as rendered by him.
Mr.. Silliman said ne was willing to ad
nit that Gear went away without sign
ing the decree, but not that he was
still the attorney for KOhn. "A decis-
ion was rendered by Judge Gear" said
the attorney, ordering a decree TO be
entered in favor OF the plaintiff and
against Kohn. and a form of decree
y as presented but never signed"
Then Mr.. Silliman wanted Mr.. Dunno
10 explain part OF his motion for new
ITlal ne Sdlu II W cS am uOuS, Iilttt
Captain Pond made affidavit that he
had not known Of kOhn's connections
with the firm of Hatch & Silliman, but
there was nothing to show that Dunno
did not know of this.
Mr.. Dunno replied that ne knew
nothing of it, and insisted that as Gear
had left without signing the decree
the case was still pending. Judge Es-
tee stated that he had no power to or
der the Circuit Court records brought
into his court, and he didn't think il
made much difference anyway. 1t was
finally agreed to allow the affidavits to
stand as they were and file the briefs
Immediately.
COURT AT HILO.
Judge Estee on Saturday stated that
he would leave for Hilo on the 2Sth OF
the present month and expected to re-
turn Immediately as there was no bus
mess to be transacted there, though
under the statute he was required to
hold court in that city. He said he
would open court on the evening Of the
29th in Hilo and then again on the
$oth. and return to Honolulu. arriving
here on the 31st.
ROBINSON ESTATE. AGAIN.
The matter OF til, Robinson estate
was called up before Judge Humphreys
Saturday again. and this time his in
quiry was directed u an investigation
Of the relations between the Olaa
Plantation Co. and the Hilo Railroad
CO. The court inquired Of Mr. Robin
son if it was not true that the princi-
pal contract Of the railroad Vas with .
the Olaa Sugar CO. and received an al
frnative reply.
is it not true that the directors Of
the IilO Railroad are also directors of
the Olaa Plantation?'' asked the Court.
Some OF them are replied MI Rob
.nson
y ma jority. are they not?''
Mr.. Robinson thought i moment and .
replied that it might be the case.
Then the directors of the HiIo Rail
way Company made 4 contract with
the nasslveS. as directors Of the Olaa
Plantation Company for The transporta-
ton Of their cane
Mr.. Robinson nodded assent. but the
Court made no further comment. mere
y stating that he would take no action
until he had seen the trust deed, and
ordering Mr.. Robinson To- produce = cory
IN court The masters r,Tor, was not ap-
.h,r action. Judge Humphreys stated
hat a- would Ill, written decision.
HIND WILL FILED
The viii of the lat, Robert - Hind.
\ no died recently in keha.a. was filed
'or probate in the Circuit Court Sa-ur-
Jay Accompanying th- viii which has
ilrea5y been filed n San francisco is
petition for IN. appointment rf John ,
Hind as administrator withau, bond. AL
na cuildr-a are named Jointly a- exc
.ltCrS. hut they have ail resigned m ia ,
.or OF john Hind. Under the terms o.
lie viii the widow J. given taa resi-
ieuce in san Francisco. personal prop