The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-09-19
PRINCESS
SUBPOENAED
Attorney Ashford Does
Not Believe the
Policeman.

| Something of a Juror was created in
Judge Robinson's courtroom yesterday
| afternoon about O'Clock, when Attor-
ney Ashford for defendant, in the case
| of Dimond & Co. VS. Prince Kuhio Ka-
| lanianaole. declared the return of Po-
| lice officer Carl F. Rose on a subpoena
| for Princess kalanianaole to be false.
Wade Warren Thayer, attorney for
plaintiff, had a subpoena issued in the
morning for the Princess. The sub
poena shows that it reached the police
station at $50 a. m, where 1t was re-
Ger Carl F. Rose was given the sub
poena to serve. Clerk Leslie Scott of
the Circuit Court made check against
the return of the subpoena into the
court, and the hour of return is given
as 10:30 a.. nj.
Carl Rose swears, in writing, upon the
back of the subpoena, as follows:
Served the within subpoena by read
ing the same to the within named Mrs.
Jonah Kuhio Kalanianaole, at Honofu-
lu. County of Oahu, this 18th day of
September. and at the same time hand
ed her the sum of one dollar as witness
fees"
Mr. Thayer had just announced that
a witness, Mrs. Kalanianaole, whom he
expected to be present was not in the
building, although a subpoena had been
served upon her. He asked that
bench warrant issue to compel her ap-
pearance.
II happen to know that the lady has
not been served with subpoena, and
give notice that If a bench warrant is
served upon her that somebody will
suffer- said Mr. Ashford. The police
officer did not serve a subpoena upon
her. I happen to know that while that
police officer was near the Kapiolani
building, in town, that lady was being
telephoned to at her Waikiki home
FROM that building, and she had not
been served with the subpoena
Mr. Thayer thereupon produced the
subpoena upon which Rose had made
his entry of service. He showed it to
the court Mr.. Ashford said he did not
care what the officer had written upon
the subpoena, the document itself had
not been served upon the lady.
I'VE will go upon the record of the
subpoena ITSELF" said Mr.. Thayer. II
ask that the bench warrant be is
sued"
II give notice then that we will hold
you responsible for any trouble that
comes out of this, for trouble will
surely come to you if you do this
responded Ashford.
Judge Robinson then stated that the
document with it's return was prima
facie evidence of service and that
bench warrant issued upon that evil
dence was only carrying out the re-
quirements of service for the appear
ance of witnesses.
Finally, Mr.. Thayer stated that he
would be glad to continue the case
until 10 o'clock this morning and that
another subpoena be served upon Mrs.
Kalanianaole to secure her presence in
court. Ashford would not agree to this.
Let the bench warrant issue and he
would take care that someone suffered.
Il do not propose to be threatened
out of court" was Thayer's sharp re-
ply And he thereupon asked that the
warrant issue. Judge Robinson took
the view that a bench warrant was the
proper document to be issued. Later
he stated that some hardship might re-
suit if the lady was taken into custody
by the officer. 1t was decided therefore
to continue the case and a subpoena
issue
Mr. Ashford also asked that the police
officer be summoned into court to make
a statement regarding the service of
the original subpoena.
CHAS. BISHOPS WILL.
The last will and testament of the
late Charles H. Bishop was offered for
probate yesterday. The will is dated !
July Is, 1904 and was witnessed by John
LODGE NO. II,