The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-12-26
WHO OWNED
This AUTO2.
tFrom Saturdays Advertiser.)

(From Saturdays Advertiser.)
We lack Coffee and a steyne." said
a court officer loosely as he looked
over the jury in Judge Robinson's
court yesterday and noticed 1t was too
short of the twelve "honest and true
men," Mr.. Coffee missed a car ana
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 SUI
ing for damages because of alleged in
juries arising from a Whitins 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 d.
vorced from Mr.. Within a short time
ago in Honolulu, and then went to the
Coast happened to pass through He
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
| one time she lost patience and ex-
| 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
2 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. Carter, 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 now YES
that the said purported and pretended
temporary injunction and restrainipg
order be dissolved and the bill of comb
plant dismissed on the followingA
grounds:
THAT your honor is without juris-
diction 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
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 tins
Lanai island matter. He claims the
injunction 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
authorized by any law of the Territory
of Hawaii or Of the United States. and
that the respondent. Pratt, should be
enjoined 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
istration is that 1t Is broke and in
need OF funds. Petitioners for titles
to land will have to furnish the means
necessary to carry their matters to
completion. The appropriation for run
ming the court was but $4,000. though
the judge asked the legislature to
appropriate $4,000. Registrar Howard
Is perfecting plan for card index,
all matters so far being so arranged,
and by getting proper appropriation
1t will save this department the salary
OF an employee.
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