The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-25
SOME FEW
SENSATIONS
Anything But Dull
About Courts
Yesterday.

Certainly there was no Comulai int
coming from anyone in quest of the
mildly sensational about the judiciary
precincts yesterday. First there was
Judge Gears decision. making it
necessary for misdemeanants, down TO
the ordinary drunk, to be indicted by
a grand jury before they can be pun
ished.
Next came the row in the secret
chamber of the grand jury in the fore
noon, only to be divulged on the house.
tops of publicity in the afternoon.
Then there ensued the sudden col
lapse of the Club Stables equity re-
hearing before Judge Robinson.
THE Chiffon CASE.
Finally, in minor details, were re-
peated outbreaks of argument over
the admissibility of evidence in the
Chiffon case of alleged harboring of n
stolen child. Mrs. Place, mother of
the girl said to have been abducted
and concealed, was on the witness
stand most of the day. The jury had
frequent rests while the lawyers had
1t out on technicalities with much Or
atory.
Besides the happenings in open court,
some highly interesting matters drop
ped on the files in the clerks office.
TRIAL THROWN UP.
Judge Robinson yesterday afternoon
broke off his hearing of the Club
Stables equity suit, declining to have
more to do with 1t. The Supreme
Court had set aside decision by Judge
De Bolt in favor of the defendants,
remitting the case to the Circuit Court
for such further proceedings as the
overruling opinion required. Amongst
the declared views of the appellate
court was one that sufficient testimony
had not been taken below to show that
the disputed salaries We're not excess
sive as alleged in the complaint of
Bulte ct al.
The testimony at the former trial
was read now under stipulation. but
this was not satisfactory to Judge
Robinson. He felt that to weigh the
testimony properly he should have
had opportunity Of hearing it from the
mouths of the witnesses, and observ-
stand. According to his view of the
of the court above. also
Judge Robinson refused to admit any
new evidence on the part of the plain
tiff. Moreover, he considered that
Judge DE Bolt should have reheard
the case himself. Judge De Bolt had
held that he was not legally but moral
ly disqualified, hence had assigned the
case to. Judge Robinson.
y. Ct. NJ. Robertson, attorney for
plaintiffs, was much dissatisfied with
Judge Robinson's throwing up of the
case and it was reported yesterday
evening that he might sue for a man
date from the Supreme Court to COM
pei Judge Robinson to resume the
hearing and render Judgment j. j.
Dunno appeared for the plaintiffs.
LONG MINDED CASE.
The Godfrey-Rowlan ejectment trial
before Judge De Bolt reached the oe-
ginning of the case for the defendants
nonsult made when the plaintiffs rest
ed, had been denied.
MISSING WAILUKU STOCK.
Maria King and Elizabeth FairchlId.
heneticiaries under the will of the late
Thomas Cummins, have filed objec-
lions to the report of Henry Smith, !
master on the accounts of Bruce |
Cartwright trustee. NJ. f. Prosser
Is they attorney and the objection is
based on the following reasons
THAT the said trustee has not fully |
accounted for property of the estate |
of decedent in that he should now
have in his possession, as part Of said |
estate, the forty shares of stock in the |
Wailuku Sugar Co. referred to on the |
sixth page of said report.
That said forty shares of stock In |
said Wailuku Sugar Co. were issued |
to the estate OF decedent and were |
awarded to said Cartwright as trus-
tee Of said estate"
TO THROW OUT APPEAL.
In the case of w. w. Dimond & Co.,
Ltd, VS.. Jonah Kuhio Kalananaole,
the plaintiff, by its attorneys, Thayer
< Hemenway, moves that the appeal
Of defendant from the District Court
be stricken from the docket on the
ground that no appeal lies to the Cir
cult Court from n judgment of a Dis
trlct Magistrate rendered on default.
MOTION FOR SALE.
Castle & Wilmington for w. II. Cas-
tie and others, of defendants in the
partition suit Of NJ. T.. Scott ct AL, vs..
p. y. Pilpo ct al, move under Judge
De Bolts supplementary decree for
an order of sale of all the remaining
portion of the land OF Holualoa lying
nauka Of the upper government road
mentioned in said decree,
DAVIS ASSERTS INNOCENCE.
George A. Davis has filed a brief on
his petition for n rehearing of the
ease of his disbarment. 1t occupies
eleven pages of typewrting with an
additional page of newspaper print
the latter purporting to
be a verbatim report OF the stormy
proceedings before Circuit Judge Per-
~ (now Associate Justice of the Su-
Dreme Court which ended in Dayis's
Ffatt - m "a |