The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-07
JUDGE De BOLT
On NEW TRIALS
He Believes Appellate Courts
Are Too Finical---variOus
Court Items.

Judge De Bolt has filed a written de
cision covering his previously reported
denial of a new trial to Katsutara TIA,
kamoto, under sentence of life impris'
onment for murder in the second de.
gree. He mentions that one of the
greatest difficulties trial court has te
contend with is the ease with which
1t is overruled by an appellate court
and hints that supreme benches are
sometimes not overweighted with prac-
teal knowledge of human affairs
Continuing he says:
II feel that where a case has been
tried, although there may be some er-
rors, still, if a just and proper conclu-
sion has been reached and we can look
been fair and impartial, it ought to
stand, and think that if the supreme
courts would take that practical view
of the matter there wouldn't be so
many appeals-people would have
more confidence in the courts; they
would feel greater security in the
law, and in the administration of GRIM
inal justice in particular. There is
often too much theory and not enough
practical application in the matter.
'tBut I do not feel that I am called
upon to establish what I believe to be
a precedent and clear departure
from plain common sense. I have al
ways been of the opinion that drunken
ness was only a defense to disprove
or rebut a specific intent, such as muir
der in the first degree, and it seems
to me that the defendant has had the
benefit of that in this case. If the Su-
preme Court sees fit to oyerrule me
In the matter and send it back for a
new trial, let the responsibility be with
them. I think he has had a fair and
impartial trial. The hands of the trial
judge should not be tied by technical
rules and f1ne-spun distinctions built up
from theory and not from practise"
KAY AGAIN WINNER.
Thos. S. Kay, the Kohala planter,
judgment from Judge Robin
son on Saturday in his suit against
the Orpheum Company, Ltd, in the
sum of $623S, with interest at 10 per
cent. from January g. 1904. The trial
was jury waived. Mr.. Kay only the
previous day was awarded $1,000 dam
sges by a jury for personal injuries
caused by F. B. Whitin's automobile
'ouling a hack in which he was rid
ng.
COURT ITEMS.
Judge Dole allowed the motion Of re-
;pondent in the 100000 salvage suit of
Pacific Gable Company
against Pacific Mail Steamship Com
,any, for leave to amend it's answer.
The amendment conforms to the init
nation of the court in an interlocutory
to the effect that certain
relations between E. H. Har-
imam, owner of the steamship Man
huria, and the officials CT the c. P. c.
%. in New York, while not pleadable |
n mitigation of damages could be
,leaded in bar of damages
This morning Judge Dole will give a |
fearing to the libel in admiralty of |
Steam Navigation Co. |
gainst the Japanese steamer Chiusa |
1aru now in port. Dispositions of off, |
ers of the cable steamer Restorer in |
his case are on file.
Commissioner Geo. A. Davis on Sat-
rday heard more dispositions in the
hip W. f. Babcock cases.
]. M. Dowsett, trustee. has brought a
uit to foreclose a mortgage against A.
nd NJ. Fernandez for $4,000 on King
treet and kalihi properties.
Chas. Brewer ct al. have brought suit
gainst NJ. w. McChesney & Sons, who
ave lately made an assignment, for
ent of premises on Queen street.
Judge De Bolt authorized A. Hane-
urg, administrator of Z. Ahlo's estate,
compromise a claim of 5000 against
n Fat for $3.50.
Judgment for replevin of a sewing
;achine was rendered in favor of L.
Kerr & Co. against Fred. Kaeck
Y Judge De Bolt on Saturday.
Judge De Bolt granted Victoria Lua
divorce, with custody of four chill
rem, against Kakelaka Lua on the
,ound of desertfon.
A. S. Humphreys will move in the
lpreme Court this morning to dismfssI
lie appeal of defendant in the case of {
T. Mills VS. John S. Walker. :
The January session of the Supreme !
ourt and the January term of the '
irst Circuit Court will open this c
orning. n
Judge Robinson. presiding, will have {
e criminal business of the January G