The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-29


appointment to office he had placed
his resignation in the Governor
hands, and then on redirect examina-
ton testified that he did not know
whether or not his resignation had
been accepted.
Mr.. Thompson for the defendant
then moved that the testimony of Mr..
Fisher be stricken out on the ground
that he was not the Auditor of the
Territory because he had given his
resignation to the Governor.
Judge Gear took until after recess
to rule on the motion. When the court
resumed at o'clock he denied the mo-
ton. After some remarks based on
the Organic Act to the effect that the
taking of undated designations from
officials by the Governor was Illegal,
adding that if the appointment and
resignation were both valid the official
might withdraw his resignation at any
time, the court thus decided:
There being no doubt that Mr.
Fisher has been and is now acting as
de facto officer of a de jure Office
his testimony should not be stricken
out, even if he does not hold the office
under full and legal appointment.
The motion to strike out on the ground
stated will therefore be denied"
Auditor Fisher"was then again called
to the stand, this time to be examined
on the books of the Treasury with re-
lation to the case.
Mr.. Prosser expects to conclude the
case for the prosecution today.
PARKER CASE INNINGS.
There was an Eruption of attorneys
in the Parker guardianship matter
yesterday morning, the Mahaulu trial
being s1detracked for a few minutes
until the court should find what it was
all about.
Mr.. Magoon, attorney for petitioner
Low, wanted to have the testimony of
j. 7. McCrosson taken before he left
for the mainland on Wednesday.
Mr.. Kinney. of counsel for the guar
dian, raised a laugh by saying, 1--WE do
not wish to press those contempt pro
ceedings against the court" the allu-
sion being to the suspension of the case
pending the appeal to the Federal Su-
diction.
Judge Gear said he had received no re-
straining order from the Supreme
Court. 1t was quite proper to have Mr..
McCrossons testimony taken, but the
court would not hear the whole mat
ter at that time owing to the MahauIu
trial
The taking of Mr.. McCrosson's testi-
mony was set for 4 o'clock, when 1t
proceeded with all parties to the liti-
CATION represented.
ARRANGEMENTS.
A. MeDuffie's pleas, under indictments
for receiving brides as police officer,
We're further continued yesterday until
tomorrow.
William Hoopii pleaded not guilty to
burglary
Kuramatsu pleaded not guilty to
manslaughter.
MANDAMUS TO DE BOLT.
A writ of mandamus to Judge J. T.
De Bolt has been ordered to issue by
Chief Justice w. F. Hrear, On the petit
ton of John D. Spreckels and AdoIph
b. Spreckels, partners under the name
of John D. Spreckels Brothers. The
writ is made returnable before the SUI
preme Court on Monday, Dec 3, at 10
a. M, and commands Judge De Bolt to
proceed with the hearing of the cause
of Charles A. Brown VS.. John d.
Spreckels and others or show cause to
the contrary.
There is a history Of the cause given
III the petition. 1t is an action in eject
ment which was filed IN the Fourth Cir
cult Court in December, 1899, and came
OF for hearing before Judge Little, who
after one mistrial ordered a nonsuit to
be entered. This order was reversed
by the Supreme Court and new trial
ordered. Thereafter the present petit
TONERS moved for change of venue,
which was contested by the plaintiff
but without raising the point of Judge
Little's disqualification, and Judge Lit
tie ordered a change of venue to the
Third Circuit Court, to which no excep-
ton was taken by the plaintiff.
A trial in the Third Circuit Court re-
suited in a disagreement of the jury,
whereupon the parties stipulated that
the cause might be transferred to the
First Circuit Court. Judge Edings or
dered the cause so transferred.
cult Court before Judge Gear, when a
disag reement of the jury resulted. Al
the present term the cause was as
signed to Judge De Bolt and, at its call
ing, counsel for plaintiff for the first
time raised the question of the dis
of Judge Little to make
the order changing the venue Judge
De Bolt thereupon refused and stu re-
fuses to proceed with the trial or TO set
it for hearing. for the reason that Judge
title was disqualified, by reason OF
having given a judgment of nonsuit'
from subsequently making an order of
change of venue.
The petitioners contend that the rea-.
son of Judge De Bolt is insufficient in
law, therefore pray for the writ of man
da1nus. The lawsuit relates to lands
on the HiIo waterfront.
GUARDIANSHIP CONTEST.
Judge De Bolt yesterday further
heard the petition of Rebecca Kama
nele for the removal of E. p. Kalama