The Hawaiian gazette., 1904-10-02
ISSUES ARE
MOMENTOUS
Big Legal Battle
On in Full
Blast.

to the Organic Act. AS, however, onl
three Justices will decide on the cas-
no lrregularity was committed.
The question at issue was whethe
CIRCUIT Judges at Chambers have an,
jurisdiction in probate and eqHity. /
came up on a writ of prohibition t
stop Judge Gear from holding any fur
) ther proceedings In the matter of tn
estate of Annie T. X. Parker, a minor
Chief Justice Frear, Justice Hatcl
and Circuit Judge De Bolt constituted
the court proper, the last-named IL
place of Justice Hartwell, disqualified
Circuit Judges Robinson of the First
and Matthewman of the Third Circui
were seated at a table in front to heai
the argument. These two Circui
Judges were invited to attend for {
particular reason. They had sat a.
substitute Justices of the Supreme
Court on the Wailuku water equity ap'
peal case decided the other day After
the decision in that case was rendered
a point was raised as to the jurisdic-
ton of the Circuit Judge who heard
the case below for signing the decree
made imperative by the decision Of the
appellate court. This point was raised
on the same jurisdictional grounds as
those presented in the Parker case. The
attorneys in both cases are partly the
same. While the question in the Wal
1uku case is to be submitted on briefs,
II is the decision in the Parker case
which will control further procedure
in the other case.
S. NJ Ballou opened the attack on
the jurisdiction of Circuit Judges at
Chambers in argument for the writ of
prohibition. His speech before and
after the noon recess occupied three
hours and then he reserved further re-
marks for his reply to opposing coun-
sci.
]. A. Magoon began the argument
against the writ shortly before the
court rose for the day at four o'clock
Other counsel in attendance through
out the day We're w. o. Smith D. L.
Wilmington, L. ]. Warren and r. B.
Anderson
THE issues hanging on this case are
monhentous, involving the validity Of
equity and probate judgments and acts
ever since the coming into force of the
Organic Act on June IA, 1900, also all
degrees of divorce since divorce was
PldCSu III TIE VI vi SuiS
Judges at Chambers by legislation of
1908. 1t is not exaggeration to say
! that the material interests embraced
in adjudicatons now imperiled amount
Ito millions of dollars.
NAONE MURDER CASE.
Philip Hoomanao Naone was brought
to the bar yesterday morning before
I'd - h. s,.I .at,, n,,St
for numbering his wife on the night of
Saturday, October s.
j. J. Dunno, counsel for defendant,
interposed a plea in abatement and a.
motion to quash the indictment. The
court set the motion for argument at
II noon today.
The plea in abatement first denies
the jurisdiction of the court over either
the subject matter or the person. Most
of the remainder of the plea Is de-
voted to an attempt to show that the
grand jury finding the indictment was
only "a pretended grand jury being
organized under an UNCONSTITUTIONAL
law. 1t is also argued that the grand
jury was not qualified to act because
it failed to comply with the provisions
of that same law. Further, 1t is de-
clared that no offense against any law
of the Territory of Hawaii is charged
in the indictment, also that two sep
arate and distinct charges of murder
in the first degree are sought to be
charged against the defendant in the
indictment. The motion to quash is
drawn in precisely the same terms as
the plea in abatement.
Chang Chung was put on trial be-
fore Judge Gear yesterday morning for
burning. Deputy Attorney
General Prosser appeared for the Ter
ritory and j. w. Cathcart for the de-
PENDANT. The following jury was en-
paneled after two excuses for cause
and three peremptory challenges by de-
Il. j. Stone. L. ]. Walker. II.
A. Parmelee, Jessin Andrade, j. A. La
welawe, James Brown, C. +, Merrifield
A. Nelson, ii. =. Kaohi, w. L. Fletcher
T.. Benson and George Dillingham;.
Defendant was indicted at the June
term for malicious burning In the first
degree by setting fire to a building be-
longing to Lai Chan shee, on the west
side OF NGuanu street between Bere-
lhHli anu HiiffhSt III tHt HlBHll
lime OF May S. 1904. the building with
Is contents being then OF the value
n $1,000
Soon after the opening OF court In the /
afternoon the trial was abruptly check
"a by objections from both sides 10 the
Japanese Interpreting Of George Yama-
Ia There was agreement on the ae- /,
OF G. shlozaAa, bur his SER
Hoes could not be obtained "a the time.
fhe trial was therefore continued until
hls morning,
DAMAGE SUIT
Ching 10 chanH has brought a suit
o. lhoQp damages against Wong iiinH, 4
ameiinles called An SAN, far personal q
Issaull committed ga March !, 1904 q
'lAinilH says hs IL q alefekasper aud Z
6 ysafs ~ ass, anl defendant = Isss q
auraHi keslsf shout forty years ~ q
- u 4 allaHe1 lhai defendant a. 4
sullsa plplnllH 9Th bic hsls aHa 40