The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-17
ASK STAY Of
EXECUTION
Ferris Does Not
Want to Hang
Yet.
THERESA MUST
PAY FOR PIANO
Sumner Seeks to Have Guardian
Removed Whom Gear APP
pointed at Midnight.


George Ferris was made yesterday
morning to Judge Gear by Attorney
Reynolds. The court held that it was
without jurisdiction, the matter hav-
ing passed out of it's hands, though it
viii probably be called to Judge Gears
attention again. 1t was the contention
of both the Cpurt and Attorney General
Dole that the matter is now in the
hands of Governor Dole. who under the
law is compelled to fix the time for the
execution of a death sentence.
The matter was presented to the
court by Mr.. Reynolds during the hear
ing of the fire claims cases. Judge Gear
upon reading the motion for stay of
execution said that he had nothing to
do with that portion of the carrying
out of the sentence, as the matter pass
ed out of his hands upon the rendering
of judgment
Attorney General Dole was called up
on for an opinion and stated that when
the court sentenced a man to death it
was the duty of the Governor to fix the
time and place of execution.
Judge Silliman interrupted to say
that matter of life and death was of
too much Importance to be taken up
off-hand.
Judge Gear said he would hear the
matter at some other time, but express
ed the opinion that only the Governor
could postpone the execution
| Mr.. Dole replied that the Governor
certainly would not issue an order of
execution while an appeal is pending,
and the matter was dropped. Until the
appeal is perfected no action will be
taken or time of execution fixed.
SUMNER WANTS HIS RELEASE.
A motion for the discharge of Maria
/ S. Davis as next friend" of John K
Sumner will be made in Circuit Court
this morning. 1t is claimed that the or
der of Judge Gear appointing Maria
Davis as guardian to bring the suit
against the Oahu Railway Co. for Sum
ner is invalid, there having been no no
tice to Sumner of such action on the
part of the court. The order and in
! junction was granted by Judge Gear
at midnight at the request of George
/ Davis, and there is said to be no record
of the order in the clerks minutes. The
whole proceeding will be attacked as
John K. Sumner. A request has also
been made to Judge Gear to assign the
case to Judge Robinson, as he once
said he intended to do. No formal or
der has yet been made, and until this
is done Gear retains jurisdiction.
THERESA MUST PAY FOR PIANO.
! Judgment in the sum of $1O2.1O was
rendered by Judge Robinson yesterday
against Mrs. Theresa Wilcox in favor
of II. G.. Middleditch, who held the
claim which was originally the proper
ty of the Hawaiian News Co The suit
! was lIfSI neaTu ny JuuSe w HCO8, WHO
| rendered judgment in favor of the Ha-
waiian News Co. and against the Prin-
cess for the sum of $102 10. This was
on March II, 1899, and the papers show
ed that the claim was for the amount
due on a piano purchased by the de-
PENDANT. Spreckels & Co. were named
also as garnishees, but upon a showing
that they had no money belonging to
Theresa the -garnishees were discharg-
ed. The claim was afterwards assign
ed to Q. II. Berrey, and on Jan. 6, 1902,
a second suit was brought before Judge
Dicley for judgment upon it.
A second judgment was rendered by
the district court for $134.93, which in
cluded interest and costs. An appeal
was taken to circuit court, the judg-
ment having been assigned to H. G.
| Middleditch, and the hearing was had
i before Judge Robinson yesterday after
noon. F. ]. Russell appeared for plain
tiff and Carlos Long for the defendant
Delegate Wilcox was present also.
The only evidence adduced. was as to
to the validity of the claim, and the at
tempts of the Hawaiian News Co, Q.
II. Berrey and H. G. Middleditch to
collect it. There was no defense except
a denial of the interest and further
costs found to be due by Judge Dickey.
1t was shown also that portion of the
amount had been paid. Judge Robin
son found for plaintiff and fixed the
amount due at 5102.10.
ADOPTED son GETS ESTATE.
Judge Robinson yesterday granted
letters OF administration to David Ke-
hoana, the adopted son of David Kaha-
NJ, deceased. Objection was made by
Kaailaikai, who claimed to be a cousin
OF the deceased, but the objection was
overruled. A will had been left by the
old man giving his property to the al
legged cousin, but it had been set aside
/ by Judge Gear as having been obtained
through improper influences.