The Hawaiian gazette., 1904-12-09
JUDGE: GEAR
LIGHTS OUT
Arrangements Are Made
Under Last Found
indictments.
rrom Thursdays Advertiser)

10y the grand jury took place before
Judge Gear yesterday morning.
Chas F. Chillingworth, late Deputy
High Sheriff pleaded not guilty to the
two indictments of extortion in small
amounts. f. E, Thompson and G. A.
Davis appeared for him.
with regard to the indictment against
sChiIlingworth and Ahoo jointly. for ex-
4ortion in the sum of $3.50. A G. M.
Robertson appeared for Ahoo and, after
consultation between counsel for both
defendants the plea was reserved until
Monday next.
Leon Renaut, represented by J. w.
.Cathcart, pleaded not guilty to indict-
rnent for selling liquor without IL
.cense.
Kahiliailau, indicted for murder In
the first degree, having no counsel was
allowed to reserve his plea until Mon
day. 1t is probable that the court will
have to assign counsel for this OLD
man, whose criminal record has been
given by the Advertiser.
Henry vierra. the lately discharged
had his plea to extortion reserved by
his counsel, F. E. Thompson.
DISPOSITION OF CASES.
There were no criminal cases ready
for trial when defendants were called
and asked if they desired trial this
term. Judge Gear then ordered all
criminal matters on the calendar prior
ITO the latest indictments continued un-
til the January term.
The trial of Emmett May previously
set will come on before Judge Robin
son. with Judge Gears jury panel to
draw from, at 10 o'clock this morning
Hop Sing How's habeas corpus case
was continued until Monday next,
when the Attorney General will have
made return for the High Sheriff. The
petitioner is contesting his sentence for
keeping n lodging house without Ii
cense. Judge Gear held the law uncon-
stitutional in another case, and now
Judge Robinson will pass on the ques-
ton independently. Should his deci-
sion sustain the law, there will be a
chance to let the Supreme Court final
ly settle the question.
The Parker guardianship case is con-
tinued until January at 10 a. m.
The Rubinstein- Hackfeld injunction
suit relative to the Little Joker to-
bacco agency. Is set for January 16 at
10 a. m.
JUDGE GEARS FITTING.
Before fastening out to board the
transport Sheridan for San Francisco,
Judge Gear wrote and signed the fol-
lowing order:
I'm the Circuit Court of the First
Circuit, Territory of Hawaii. At Cham
beers.
at is hereby ordered that all matters
now pending before me at Chambers,
excepting cases on trial and not con-
cluded, be transferred to the Hon. w.
j. Robinson, Third Judge of the Circuit
Court for the Territory of Hawaii.
GEO. D. GEAR"
Dec. 7th, 1904
JUDGE ROBINSON PRESIDES.
Judge Robinson takes charge of GRIM
fnal matters remaining of the present
term, under the following order signed
by the three First Circuit judges yes
terday:
TT is hereby ordered that from and
after Wednesday, December 9TH, A. d.
1904, Hon. w. ]. Robinson. Third Judge
of the above-entitled Court, be and he
Presiding Judge of the above-entitled
Court for and during the remainder of
the September A. D. 1904, Term of this
Court, in the place and stead of the
Hon. George D. Gear, Second Judge of
said Court"
DIFFERENT CASE ENTIRELY.
Judge Robinson made an order over
ruling the plea in bar of defendant in
the covenant suit of Chung See VS.. Ka-
hanu Meek. 1t discusses the legal points
at length The plea in bar set up a
judgment in the case of Kahanu Meek
VS. Chung See and ]. R. Mills, for an
undivided half interest in the premises
involved and s156.56 damages and costs
as an 'estoppel. That judgment was on
the strength of a paramount title
Chung See is now suing for breach OF
covenant in a lease which was assign
ed to the present defendant, who was
plaintiff in the lawsuit just mentioned,
claiming damages for the curtailment
of tenancy and the value of improve
ments.
The court finds that "a Judgment
against a defendant is not conclusive
as to setoff or counter claim which
he might have pleaded to an action. In
the absence of statute a defendant
having a cross-demand against the
plaintiff may, at his option, either use
1t in the pending suit as a setoff, oil
reserve 1t to be used as the basis OF
an independent action This failure
therefore. to plead 1t does not preclude
him from bringing a subsequent action
for it." The order concludes:
''The case at bar presents an entirely
different cause of action from that pre-
scented in the former case. the judgment
In which is relied upon as bar to the
present action, and in my opinion such
Judgment operates in the case at bar. as
an estoppel only as to those matters in
issue or points of controversy which
were actually Irrigated or decided In
the former action and upon which the
Judgment therein was based.
ut is ordered that the defendants