The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-07
ANSWER To
MANDAMUS
Gear Renders Two
Criminal Law
Decisions.
Jones Indictments Are
Subject of New
Demurrers.
Judgment ion Note by Default.
Supreme Court Recess
Till Monday.

District Magistrate Lyle A. Dickey
has answered the petition of E. o. Hall
& Son, Ltd, for a, writ of mandamus.
He says that the judgment which was
rendered by the District Court is void
able, as the amount of the judgment
rendered is over the $500 limit allowed
by law in which that court has juris-
diction. He also says that there is no
law commanding defendants in civil
suits in district courts to make affirma-
tive defense in court before any cause
can be appealed. Judge Dickey cites
an opinion Of the Supreme Court to
sustain his position, and states that the
plaintiff is shown, on the face of the
writ of mandamus, to have no stand
ing in the Supreme Court.
CRIMINAL DECISIONS.
Judge Gear rendered two decisions
yesterday on criminal matters. One OF
them was to deny the motion to quash
the two murder indictments of Edward
M. Jones. The other was to direct a
verdict of acquittal in favor of Fisher,
Buckley and Nerny, the U. S. soldiers
indicted for burglary.
Counsel for Jones filed a demurrer to
the Indictments which will be argued
this morning.
The ground of the motion that set the
three house-breakers free was that the
statute of burglary does not cover pet
ty larceny, and the defendants were
alleged to have taken only a few bot
ties of beer from Moony's saloon, Wal
kiki, after breaking into it. Burglary
is defined in Hawaiian law as breaking
into a place with intent to commit a
felony. Formerly there was a provi-
sion including intended larceny, but in
amending the law this was dropped
out.
CIVIL JURY CASES.
trial Of the suit of Bishop Estate VS..
Lula by jury. q
Judge Robinson called for trial the
case of Lucy K. Peabody VS.. Emily P.
Judd ct al, but ran out of jurors. A
special venire for twenty-five men was
issued, returnable this morning.
JUDGMENT BY DEFAULT.
Bishop & Co. have been given judg-
ment by default against Sing Lung Co
and Lee Chu on a promissory note fol
$507.2S at Z per cent, dated February
II, 1903, on which but $50 had been paid
of Thayer & Hemenway.
INSURANCE CASE.
In the case of Kwong Lee Yuen CO
VS.. Manchester Fire Assurance Co
| Hatch e. Ballou for plaintiff and Rob
ertson & Wilder for defendant stipalat
that the testimony of Brother Bertran
and G. C. Potter, witnesses for plain
( tiffs, and w. BIaisdeIl C. B. Wilson, F
| Davey, c. F. Peterson, A. M. Brown
and J. Lucas, witnesses for defendant
| is immaterial upon the questions TAX
en- on appeal to the Supreme Court.
STIPULATIONS.
| Magoon and Lightfoot for plaintiff
and Rawlins for defendant, in tn
| equity suit of Aimanumanu VS.. Alma
numanu Lahela have ten days iron
October in which to plead, etc.
Biting for plaintiff in the suit O
| Eliza r. P Holt, a minor, by Ami
Holt Kentwell, her relative and guar
dian. VS.. Albert Christian, stipulate
that defendant may have until the lot
inst. to plead, etc.
COURT NOTES.
The Supreme Court will not sit agai
until Monday next.
| D. w. Anderson, administrator, ha
| filed an inventory of the estate O
Daniel O'Leary, deceased. Besides s21
in cash there are a few personal be
| longings.
Return of service was made Monda
by Deputy Sheriff McGurn in the sui
brought by the Henry Waterhous
Company, Ltd, trustee for the Herric
| Carriage Co., against Jonah Kalaniana
ole. The action is to recover $51S du
on note dated March s, 1908.