The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-26

parties thereto shall have had oppor-
tunity to be heard, change the venue
to some other Circuit Court and order
the record to be transferred thereto;
provided. however, that any Circuit
Court may in its discretion, upon the
consent of all the parties to any civil
cause pending in such Court, change
the venue to some other Circuit Court
and order the record to be transferred
thereto"
TRIAL NEXT TERM.
Mr.. Peters, on the denial of the mo-
ton, stated "as matter of courtesy
and so that the defense might have
time to act accordingly, that he would
bring up the case of Jones for trial
on the opening day of the April term,
and lin this Circuit he added in an
sYer to Mr. Robertson for the defense.
Judge Robinson remarked that Judge
De Bolt would have charge of criminal
matters at the ensuing term, but might
assign the Jones case to himself. Il
take it, the Judge said, that I am
not disqualified to sit in the matter on
account of preliminary proceedings al
ready had"
The great difficulty will be to obtain
a Jury, At the present term the entire
list of $50 jurors for the year was ex-
hausted when several peremptory chal-
Ienges remained TO be exercised There
We're a number of jurors excused for
business reasons, temporary i'll health,
etc. and there is a bare possibility
that twelve men might yet be found
out of the $50 to try the case. If the
Jury Commissioners could be required
to fill up the places of those under and
over age. those ignorant of English
and the aliens on the list, it would
help.
HEARINGS YESTERDAY.
Judge Gear further heard the injunc-
ton case of Sidney NJ. Ballou against
Mutual Telephone Co. Godfrey Brown,
treasurer of defendant, was on the
stand the latter part of the day.
Hatch & Ballou appeared for plaintiff;
Smith & Lewis for defendant.
Following are passages from the ex-
animation of Mr.. Brown:
The Court-''Now if Judge Stanley
wanted to have a desk telephone put in
his house you could charge him $40
month, couldn't you?"
Witness-"No.'
Q.-''What would keep you from do
ing it?"
Any modesty."
Mr.. Lewis for the defendant asked:
What is the cost, then, of the Blake
phone?"
The old Blake telephone, now they
are given to you in the East if you
take them away" Mr.. Brown replied.
The Court-'Is that the kind you are
using here ?"
Mr.. Lewis--'"Your residence phone 1
understand is your Blake phone?"
Witness-"Yes."
Judge Robinson was hearing the in
junction suit of William McCandless
against Lee Chu, to enjoin the removal
of buildings from premises on which
the lease is expiring. J. Lightfoot
for plaintiff; R. w. Breckons for de-
PENDANT.
NEW ATTORNEY.
Herbert C. Middleditch was yester-
day admitted to the practice of law in
all the courts of the Territory, taking
the attorneys oath before Chief JUS
tice Frear. In his petition Mr.. Mid
dleditch stated that he was SO years
of age, that his birthplace and last
previous place of residence was Water
loo, Iowa, and that for four and a half
years he had been a resident of the
Territory of Hawaii. As to prepara-
ton he had been reading law for three
and half years, had passed examina-
ton in the two years course of the
Sprague correspondence school and
had practiced law in the District
courts of this Territory for the past
two years. He filed certificates of
character signed by L. A. Dickey and
E. A. Douthitt, members of the local
bar.
DAMAGES AMENDMENT
Kapiolani Estate, Limited, has filed
an amended complaint in it's suit of
trespass for mesne profits against W.
r. Castle, trustee of Leialoha K All;
Philip L. Weaver and VIM. H. Hoogs
and Leialoha K. All. defendants, and |
]. H. Fisher, Auditor of the Territory,
garnishee. Damages of $4,000 are
asked for detention of income from |
premises at Kawaiahao and $500 for
buildings destroyed by fire thereon.
COURT NOTES.
A discontinuance has been filed in |
he case of S. NJ. Damon ct al. VS.. F. |
Fl. Redward, defendant, and f. M. !
'Wanzy, garnishee, as to the garnishee
'nly. Mr.. Swanzy by his attorneys, |
McCIanahan & Cooper, had |
stipulated on the 18th that he would |
waive all his rights to costs and attor- |
leys' commissions in the event of such |
iiscontinuance within two weeks.
So Yong has taken the oath of attor- |
ley in the lower courts on renewal of |
ais license by Judge De Bolt. J
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lIInNE AIAIRnANR