The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-12-22
WHO OWNED
THIS AUTO?
The Interesting Whiting
Case--OavIs and
Politics.

| a court officer loosely as he looked
over the jury in Judge Robinson
| court yesterday and noticed it was too
short of the twelve honest and true
men," Mr.. Coffee missed a car and
Steyne had to receipt a bill and both
incidents took time.
| They were members of the jury
| which is hearing the case of Thos.
Kay VS.. F. B. Within. the plaintiff su-
| ing for damages because of alleged in
juries arising from a Whitin's au-
tomobile crashing into Gumpher's hack.
in which Kay was a passenger.
The contention of Attorney Peterson
who represents Mr.. Within, is that the
automobile was not Whitin's but Mrs.
Whitin's. Mrs. Within, who was di-
vorced from Mr.. Within a short time
ago in Honolulu, and then went to the
Coast, happened to pass through Ho-
nolulu this week, en- route to Shang
hal, and was subpoenaed as a witness
by Kay. During the examination of
the witness yesterday, especially Mr..
Peterson, Mrs. Within had occasion to
object to being asked questions. At
claimed: Don't you ask me that
question again, Mr.. Peterson" At
another time when Mr.. Peterson held
in his hand letter which he endeav-
ored to induce Mrs. Within to testify
was written at her dictation to Mr..
Within, by her sister, Mrs. Thompson,
the letter being signed by "Bea-
trice,'' Mrs. Within said with some
energy: II forbid you to read any of
my sisters letters in this ROOM
The case was set over until January
3 and the jury was strictly admonish
ed to refrain from discussing the case
with any one or among themselves
during that time. The court then dis
missed the jury for the Christmas holi-
days, extending the seasons best
wishes to them. which were heartily
echoed by the jurymen.
ATTEMPT TO GEORGE"
Attorney General Peters on behalf Of
Governor Carter, one of the respondents
in the injunction case of L. l. Nc
Candless VS.. George r. Garter. Gov
ernor of the Territory of Hawaii, and
Jas. w. Pratt, Commissioner of Public
Lands, suggests to Judge Robinson
that he is without and should not take
jurisdiction of the person of the said
respondent, and respectfully moves
that the said purported and pretended
temporary injunction and restraining
order be dissolved and the bill of COM
plant dismissed on the following |
grounds:
That your honor is without juris- |
dictfon of the person of this respon- !
dent as Governor of the Territory of
Hawaii.
That the bill of complaint and pur-
ported and pretended temporary in !,
junction and restraining order herein !
is an attempt to Interfere with and
coerce and restrain the Governor OF /
the Territory of Hawaii in the exer- !
else of his discretion in the exercise |
of his powers as provided by law.
THAT the purported and pretended |
temporary injunction and restraining i
order is an unwarranted and illegal |
assumption of judicial control of the !
official acts of the Governor of the :
Territory of Hawaii. ;
The suggestion and motion will be
presented to Judge Robinson on Mon /
day, at 10 a. m.
PRATT MAKES ANSWER.
Jas. w. Pratt, Commissioner of Pub /
lie Lands, filed a motion yesterday to
dissolve the temporary injunction IN
the case of L. L. McCandless VS.. Gov ,
ernor Carter and himself, in re the
Lanai island matter. He claims the
does not run in the name
of the Territory, and that the portion
of plaintiffs bill upon which the IN
junction is based which alleges that
an exchange of the public lands is not
by any law of the Territory
Of Hawaii or of the United States, and
that the respondent. Pratt, should be
and restrained from exchang-
ing said public lands, states and al
leges conclusions of law
LAND COURT BROKE.
The report of the Court of Land Reg
is that it is broke and in
need of funds Petitioners for titles
to land will have to furnish the means
necessary to carry their matters to
The appropriation for run
ming the court was hut $1,000 though
appropriate $4,000. Registrar Howard
Is perfecting a plan for a card index.
all matters SO far being so arranged
and by getting a proper appropriation
It will save this department the salary
Of an employe.
MAKES MANY ACCUSATIONS.
Yin Kyau All Leong has filed suit
FOR divorce against Albert All Leong
On the ground of cruelty. The wife
states they We're married in Honolulu
IN August 10. 1902, and two children
nave been born to them. She states
hat since February IA, 1906, she and
her husband have lived apart. In April
905. she claims her husband treated
Ter inhumanly, and inflicted bodily
bruises. In May, 1905 while she had
Ter child Marion in her arms, she
claims he beat her CT nose