The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-23
DE BOLT CALLS
PETERS DOWN
Says He Is Ashamed of Himself
and That Peters Should
Be Equally So.

In Withdrawing the interlocutory de-
cree. issued by himself some days ago
| in the Lanai injunction matter, Judge
De Bolt took advantage of the occa-
sion to express his displeasure at the
Attorney Generals department, upon
| whose instance the decree had been is
sued. In this the judge overruled his
own decision and expressed his regret
that the decree had ever been issued,
remarking at the same time that the
| Attorney General ought to be equally
ashamed for his share in the matter.
Attorney General Peters most en-
phatically denied any sense of shame
whatever in the matter and any knowl-
edge of any reason why he should be
abashed in the affair. The order can
ceiling the decree will be ignored by
the Attorney General, who will proceed
with the case on Friday before the
Supreme Court as if such an order was
non-existent.
Both Attorney General Peters and
Deputy Milverton are of the opinion
that having issued the decree the mat
ter has passed beyond the jurisdiction
of Judge De Bolt, who would have to
make a motion to dismiss before the
Supreme Court if he desired to have
the decree set aside.
Yesterdays order came in response to
n ,,,o+;oy, FROM, Attorpax Caor who ac1-
ed that such be issued, the judge
granting the motion and refusing to
hear any argument from Deputy Attor>
ney General Milverton over it. Milver-
ton then asked the judge concerning
his further jurisdiction, a matter which
was not clear even to the court.
81 am not sure that have jurisdic-
ton in this matter" he said. "but at
any rate I am going to do all I can to
take the case out of the hands of the
Supreme Court and undo what has al
ready been done.''
Milverton's motion for ten days adj
ditional time in which to file an answer
to the bill in equity is set for this
morning az nine o'clock.
GRAND JURY BEGINS WORK.
The grand jury will begin it's labors
today, subpoenas having been served
yesterday on a number of witnesses
wanted in some of the cases to be con-
sidered. One of these is the case of
Chang Chau, accused of perjury and
committed by Judge Derby in the Dis
trict Court.
This is case arising out of the fac
tional fight between the Bow. Wong
and the Merchants tong, an assault
having taken place at one of the
meetings in the hall of the Chinese
United Society some months ago, an
airing being given to the matter in the
police court Chang Chau was at that
time the official Chinese interpreter in
the police court and was a witness in
the trial. his evidence going a long
way in clearing the officers of the Mer-
chants tong from completely in the as
sault.
The story he told on the witness stand
utu not Satisfy tie BOW TONG pdTtlSdIIS,
who lodged a complaint against him
and the other witnesses for the defense
for perjury. AT the same time there
were charges of perjury made against
the witnesses for the prosecution, each
side claiming that the others had given
testimony. The case against |
Chang Chau was made the important |
one and came up first, Judge Derby |
hearing it and a committal following. |
Yesterday the other seven cases were |
called and a nolIe prosequi entered at |
the request of Prosecuting Attorney |
Andrade. This was granted by Judge |
Whitney, leaving Chang Chau the only |
one of all those complained against in |
any danger of further prosecution. In |
the meanwhile, against the expressed |
wish OF Judge Whitney, Chang Chan |
has been removed from his position at |
the police court, being now employed |
in the office of the tax collector
Other cases to come before the jury
men are those of enbezzlement, against
Lee Yum Kwai, charged with the theft |
of $500 held by him in trust, and of pro-
curing, against Martin Figaroa, an
Iwilei Porto Rican.
ANOTHER SPECIAL VENIRE.