The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-06

TEST CASE
Appeal Of Dickey
From Judge
De Bolt.

The test case of transfers on the
Rapid Transit Co.'S lines was argued
and submitted before the Supreme
Court yesterday. Lyle A. Dickey. APP
pellant from Judge De Bolts decision
to the effect that the law did not
oblige the company to give a trans
fer from an eastbound Punahou car to
westbound Kalihi car, appeared in
person. w. r. Castle of Castle &
wilmington appeared for the Rapid
Transit Co.
In the afternoon the agreed submits
sion of facts by Oahu Railway & Land
Co. VS.. Eva Plantation Co. was ar
gued. S. NJ. Ballou and Robbins An
derson Of Hatch G. Ballou appeared for
plaintiff, and D. L. Wilmington of Cas-
tie G. Wilmington for defendant. The
suit is to decide whether the planta-
ton company should pay the taxes
on the land the railway company SUBJ
leased to it. Chief Justice Frear be-
ing disqualified as trustee Of the o.
r. & l.. Co. bondholders, Circuit Judge
De Bolt sat with Justices Galbraith and
Perry in the hearing.
MANY LAW POINTS.
All day long argument on the motion
Of defendants in the Hagey cure case
for a nonsuit proceeded. The previous
ly reported denial Of the motion had
reference only to one Of eight grounds
presented. A. G. M. Robertson of Rob-
ertson 6 Wilder for the plaintiff had
the floor from 1880 a. m. to u, and
from 2 to $3.50 p. m. yesterday. Just
before the noon recess the plaintiff, T.
M. Harrison, himself an attorney, ssaid
that he would like to have an hour
on two for arguing a certain point If
the court did not make it unnecessary
in the meantime by ruling in his fav-
or. While the wrangle over the law
Of the case goes on, the jury are hav-
ing a rest out Of court. Judge Rob-
inson expressed his willingness to give
the attorneys all the time they reuuir-
ed. Mr.. Harrison began to argue aft
err Mr.. Robertson but soon concluded,
when Mr.. Magoon started with a re-
ply.
This case is record one for law
points. Several were decided by the
Supreme Court on a demurrer. The
case went back to the Circuit Court
for trial, when verdict was returned
for the plaintiff. An appeal was TAX
en- to the Supreme Court, resulting in
new trial. On this second occasion
cluster of points. Among other things
it held that j. A. Magoon, Mrs. Jos.
S. Emerson (nee Lamb) and F. B. Nc
Stocker were not bound by the con-
tract made by L. C. Ables, agent of
the partnership, in New Zealand and
Tasmania whereby certain persons in
those countries We're brought into the
partnership the new combination buy
ing a sheep ranch in Tasmania, be-
cause proof had not been made by
plaintiff that these defendants had
ratified such contract. In the present
trial the plaintiff has produced what
he deems proof of the previously lack
ing ratification. Should all Of the
points in support of the motion for
a nonsuit he overruled by the court,
the defendants will put on their case.
MORE JURORS CALLED.
Judge Robinson, having only twelve
jurymen left OF his original panel of
20. yesterday issued a special venire
for II Others The following men have
been summoned as jurors for the rest
of the term, to appear in court at 10
o'clock this morning:
Joseph X. Clark, Alexander G. Nicho-
las, Thos. Jones, ]. NJ. Coulson, Chas
B. Gregory, Henry Hickey, Robert
Fern, Solomon A. Hiram, Antoine Re-
card, c. N. Arnold, Carl Maertens, Dav-
i'd F, Motley, VIM. F. Love, F. Row
land
SIMOES TRIAL DELAYED.
Judge Gear adjourned the trial of ST.
NOES for unlawful liquor selling at
noon for the rest of the day, a LEGAL
point having come UP on which coun-
sci wanted to search the authorities.
The Territorial grand jury, being de-
prived of the use of the Supreme Court
room, resumed its session in Judge
Gears courtroom yesterday afternoon.
ANOTHER LEGAL POINT.
e. NJ. Watson filed motion to quash
the indictment against the three SOL
diers who broke into a Waikiki saloon
and stole a few bottles of beer there
from, An indictment for burglary
against the men on account OF the
same thing was quashed because the
law requires that breaking must
be with intent TO commit a felony be-
fore II constitutes the crime of bur-
ola AL,