The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-11-09
LINDSAY
NOT IN It
Denies Part in Making
Rule for Uniform
Rulings.

Il never knew anything about sucn
a thing until 1 saw it there Judge
Lindsay said yesterday as he pointed
10 a statement in an evening paper
which represented Judge Robinson as
having laid down the rule that the
three circuit judges should agree with
one another's rulings, so that the First
Circuit Court will not give conflicting
decisions 1t was further stated that
the rule was laid down latter con-
sultation with Judges De Bolt ana
Lindsay" Judge Lindsay declared that
he had not taken part in any such
consultation.
Judge Robinson had previously made
the same denial on behalf of Judge
Lindsay and explained how he had
agreed with Judge De Bolt on the
matter of rulings. It was when Judge
Gear had gone away on December Z,
not to return until his term had ex-
pired, leaving a congested calendar for
the two other judges to handle. The
agreement was purely to save the
time of the court for actual business.
1t was to the effect that argument
should not be heard on technical points,
and when one judge ruled on such
point the other judge would adopt the
ruling if the same point was raised
before him.
Under this agreement Judge Robin
son has sustained demurrers on the
ground of the uncertainty of indict
ments which said the true names of
the defendants were unknown to the
grand jurors.
Judge Robinson sustained the de-
murrers to indictments for perjury
against Ho Fat and All On. a. S.
Humphreys and S. F. Chillingworth
are attorneys for defendants. In the
case of Ho Fat the demurrer was on
the ground that the indictment did
not contain or allege any assignment
of the perjury attempted to be charg-
ed. AS to All On, one of the points
was that the Indictment failed to
Identify the defendant when it used
the phrase whose true name is to the
grand jurors unknown
Judge Robinson also sustained the
demurrer, presented by A. G. M. Rob-
ertson, to the indictment of Shin
Cheu Dat, Shin Lam and Shin Shee
for assault with dangerous weapon,
with intent to commit robbery The
grounds of demurrer were that the in
dictment was vague, uncertain and
unintelligible in setting forth that the
true names of the defendants were,
and that each of them was, unknown
to the grand jurors.
COURT NOTES.
May c. Kibling, one of the heirs at
law of Kahalewai Cummins, deceased,
by her attorney, A. S. Humphreys,
files exceptions to the first annual ac-
count of John A. Cummins admin
1strator. also motion that the adj
ministrat tor be ordered to file an in
ventory of the estate forthwith. Among
other things excepted to in the account
are an attorneys fee of SIS to Smith
& Lewis and certain commissions
charged by the administrator
Robert w. Single has brought a
suit in ejectment against Joe Baros,
Makahau (w), Clarence w. Ashford
and Emma Kaipu (w), for a piece Of
land 50x2O0 feet on Dominis, near Ke-
eaumoku street, with damages of $500
claimed E. NJ. Watson is attorney
for plaintiff.
return of additional jurors for
Judge De Bolts court shows Donald
NJ Ross, Fred. Turrill. Henry B. Say
Tor and Ulysses H. Jones as summon
ed to appear at 10 O'Clock next Mon
day.