The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-25

had opportunity of hearing it from the !
ing the demeanor of witnesses on the
stand According to his view of the |
directions 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.
A. G. 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 man
date from the Supreme Court to COM
pei Judge Robinson to resume the
hearing and render judgment. j. ].
Dunno appeared for the plaintiffs.
LoNG-wINDED CASE.
The Godfrey Rowland ejectment trial
ginning of the case for the defendants
yesterday afternoon. A motion for
nonsuit. made when the plaintiffs rest
ed, had been denied.
MISSING wAILUKU STOCK.
Maria King and Elizabeth Fairchild,
benefciaries under the Will of the late
Thomas Cummins, have filed objec-
| master, on the accounts of Bruce
Cartwright, trustee. NJ. F. Prosser
| is their 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
| Waikiki 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 Kalanianaole,
the plaintiff, by it's attorneys, ThayeI
& 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 a judgment of a Dis
trict Magistrate rendered on default
MOTION FOR SALE.
Castle & Wilmington for w. r. Cas-.
tie and others, of defendants in the
partition suit of NJ. F. Scott ct al, VS.
E. N. Pilipo ct AL, move under Judge
De Bolts supplementary decree fol
an order of sale of all the remaining
portion of the land of Holualoa lyins
mauka of the upper government roat
mentioned in said decree.
DAVIS ASSERTS INNOCENCE.
| George A. Davis has filed a brief OF
his petition for a rehearing of thu
case of his diSbarment 1t occupie!
eleven pages of typewriting with al
additional page of newspaper prin
interviewed, the latter purporting tt
be a verbatim report of the storm!
proceedings before Circuit Judge Per
ry (now Associate Justice of the Su
preme Court which ended in Davis:
| being committed to prison, on
| Christmas eve, for ten days for con
tempt of court, the sentence takins
effect on the completion of one jus
preceding to pay a fine of fifty dol
lars.
Davis goes over the same ground a
in his previous pleadings and con
cludes thus:
mo case can be found where al
attorney brings a suit by which al
parties are benefited, when his con
duct was open and free from sus
picion; where the parties entitled t.
their money so far as the attorney i
concerned got it and where compensa
ton for his services was agreed upol
| ny Ills Cilelll, anu Is pOln TGdSOndDl
and satisfactory, was ever suspende,
or disbarred.
Justice and fair play call loudl.
for a reversal of this order of dis
barment and believing that my limo
cence is stamped upon this recor'
and that no tribunal ought upon tn
evidence find me guilty, 1 ask for
rehearing and for reversal and vim
dication.'
MANDATE TO MAGISTRATE.
E. o. Hall & Son, Ltd, yesterda.
brought a mandamus suit agains
Lyle A. Dickey, First District Mag
istrate of Honolulu, to compel him t
issue an execution on a judgment 70
$309.40 in favor of plaintiff in the sui
of E. o. Hall & Son, Ltd, VS.. William
c. Achi. In the case mentioned, it
alleged, defendant made no defens
whatever but after judgment appeale
to the Circuit Court. Plaintiff mex
moved before Judge Dickey that a.
execution issue forthwith, for the rea
son that the appeal was ostensibly ia
ken for delay. Judge Dickey denie
the motion in the following deliver
ance: at
The court finds that good cause ha
been shown for issuance of an exc