The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-11-02
No MORE JURIES
IN CIVIL CASES
The Statute of Ashford Can
Now Be Invoked for
Delay.

The Statute of Ashford" has gone
into effect, and there can be no more
trials by jury in civil cases at this
term except by consent of all parties
The statute of Ashford is a name
given to Act 81 of the Session Laws
Of 1905 by Frank Thompson. who was
the first one to claim the benefit of IL
The name has stuck to it. The tradi-
ton is that the particular clause OF
which advantage is taken to stave off
jury trials was secured in the Legis-
lature by c. W. Ashford. to whom il
would be a convenience in his practise
at a time when he had a good many
cases in different circuits. The par
ticular provision of the act is as fol-
lows:
And further provided, that no jury
trial in any civil action, shall be COM
menced at any term of said Circuit
Court for the First Circuit, after sixty
days of such term have elapsed, I'M
less by the consent of all parties TO
such action in the form of written
stipulation, duly filed, or of an oral
stipulation, made in open court, ana
duly entered upon the minutes
Sixty days of the term have now
elapsed and the rule can be invoked.
1t was invoked yesterday by Charlie
Achi in a case which Ashford was very
anxious should be proceeded with be-
fore a jury. It was invoked also by
w. A. Greenwich in the case of Hat
tie K. Kekino VS.. Y. All In. All In
is in China and his attorneys have
been trying to have the case post
poned until he comes back, but with
out success. Yesterday when the case
was called the Statute of Ashford"
was invoked, and the trial of the case
was off, for the present term.
CHING TAI APPEALS.
Ching Tai has taken an appeal from
Judge De Bolts decision refusing his
release on habeas corpus. The APP
peals is to the Supreme Court of the
Territory.
Ching Tai was one of the "sz
others tried and convicted with All
Sing of being present at a gambling
game. He was one of the 81 whom
the Supreme Court said had never
got before that body by appeal or
writ of error, and who was therefore
taken into custody on the original nit
timus by High Sheriff Henry and
placed in Jail. Wade Warren Thayer
and r. w. Breckons tried to get him
out on habeas corpus, but Judge De
Bolt decided, as High Sheriff Henry
expressed it, "that the High Sheriff
can arrest on a mittimus-"
INDICTMENTS RETURNED.
The Territorial grand jury yesterday
three indictments to Judge
Robinson. One of the Indictments was
against John Marks, charging perjury.
Marks was witness against William
Holt and testified to one thing before
the grand jury and to quite another
thing in court. Another indictment
charges larceny in the first degree |
against Marks.
A third indictment is against Hale, |
an assault on a female under |
he age of ten years. The punishment |
'or this offense may be death.
AND PARTITION.
A decree and an introductory de-
rec were signed yesterday by Judge |
De Bolt in the case of James D. Nc
nerny V. Kauhola and others. The |
fleet of the two DEGREES is to declare
hat there was due and owing to the
plaintiff $500 principal and $166.50 in
crest on a mortgage by Kauhola and TO
oreclose all property rights as to her |!
md her heirs, and to partition the |
property among the other claimants.
SECOND OFFENCE.
In the United States District Court
yesterday George Kekauoha was ar
aligned on an Indictment for adultery.
'he case was continued until today
nder bonds of $500. Kekauoha is an
mploye of the Board of Supervisors
n Koolau, and was convicted of like
fence with a different paramount at
he last term of court.
SALVAGE CASE.
The admiralty proceeding of J. NJ.
little and others against the John D.
preckels & Brothers Company to re-
over share of the salvage earned in
ne Manchuria. Sheridan and other
-recks, was called before Judge Dole
and was continued until to-
ay.
ARRAIGNED FOR PERJURY.
-uchi Yamagi were all arraigned be-
ore Judge Dole yesterday on indict-
tents charging perjury before the I'M
ligration Board. The cases We're con-
nued until today in bail of $500.
FEDERAL GRAND JURY.
The Federal Grand Jury was in ses-
on for about an hour yesterday. It
believed it is pretty we'll through its
-ork and is preparing its report. So
ar only trGe bills have been returned;
o No Bills have as yet been reported |
the court.
FROM BED AND BOARD.
Judge De Bolt yesterday signed a ,
ecree by which a separation from
ed and board, until the further order 8
F court" is granted to Asa Nakani {
ON her husband Chroichi Nakani. 5
DEMURRER FILED. {
In the case of All Kuini V. Kaeha
apahu. the defendant by w. c. Achi
as demurred to the complaint for !