The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-03-05
FIGHT AGAINST
MOTLEY APPEAL
Cablegrams Exchanged Mrs
A. X. c. Parker Appeals
to Washington.

Papers in the matter of an appeal
Of the Motley will case to the United
states Supreme courl. on urit OF
error to the Hawaiian Supreme Court
were filed yesterday as follows:
| Affidavit in support of motion that
1 writ of error issue, by Kinney & Marx,
attorneys for William Motley, Charles
Motley and Maria Hughes, plaintiffs in
error. NJ. F. Prosser of the law firm
mentioned deposes that after making
application to the Chief Justice of the
Supreme Court of Hawaii for the is
suance Of a writ of error on March 2,
+ 1908, he, at the request of the Chief
Justice, sent a cable message to Rob
/ ert NJ. Morse of counsel for plaintiffs
( as follows: Court asks why Supreme
+, Court decision not final. Answer by
/ telegraph On March at $50 p. m.
/ he received this cabled answer: ''Su-
preme Court reserved question wheth-
| er same objection would apply writ of
error (to) September
| Objections To allowance of writ Of
error by Cecil Brown and Anthony
Lidgate, proponents of the will Of
Charles Motley, deceased, and Emma
Danford, three of the defendants in
error, by their attorneys, Holmes &
Stanley and c. H. Olson. They relate
the proceedings on the writ of error
! allowed at the October term of the
| United States Supreme Court by Jus
tice Joseph McKenna, a motion to dis
miss which was argued on the merits
of the cause on January "a, 1908, re-
sulting in a decision Of that court on
February a. 1908. dismissing the writ,
and they conclude thus:
THAT each and every of the errors
referred to in the petition for writ of
error filed herein on the End day of
March. 1908, and the assignment of
errors thereto attached We're referred
TO and assigned for error in that GER
tain petition for writ of error and as
signment of errors hereina bove re-
ferred to and dated the gath day of
April, 1906, and that no other or diff
ferent matters are referred TO or as
signed for error in the petition for writ
of error and assignment of errors filed
herein on the End day of March, 1908"
Objection and motion for recusation,
by the same parties and counsel as in
aforementioned paper They object to
any action by Chief Justice Hartwe1l
in the matter and move that he recuse,
saying:
= This objection and motion are made
upon the ground that the said Chief
Justice of the Supreme Court Of the
Territory OF Hawaii is disqualified
from taking such action by reason of
the fact that the said Chief Justice
has heretofore acted as counsel for
the plaintiffs in error in the above en-
titled cause and has been actively en-
gagged as such before his appointment
to the Supreme Court of the Territory
of Hawaii upon and in connection
with the questions herein involved"
An affidavit by w. L. Stanley is APP
pended in which he says in part: THAT
before his appointment to the Supreme
Bench of the Territory the said Hon
orable A s. Hartwell appeared as
counsel for the plaintiffs in error here
in upon a motion for a rehearing f1ledN
in this court upon sthe 9Th day of April,
1904. and actively engaged in the argu-
ment thereof, at which argument this
deponent was present and engaged"
CAMPBELL WILL CASE. |
A. G. NJ Robertson, attorney for ap- |
pellant, has requested James A. /
1uOIlpSOuy CLERK Oh llIS 1OuI u
to make a transcript of the record in
that court in the bill for the con-
struction of will, brought by Abigail |
K. Campbell Parker and others. trus-
tees, against Abigail K. Campbell Par
xer and others, beneficiaries, under the
will of the late James Campbell, to be
lied in the Supreme. Court of the Uni
ed States pursuant to the appeal Of
Abigail K. Campbell Parker allowed in
said cause. The clerk is directed to
include in such transcript certain and
10. other papers and exhibits, the list
given numbering fifty-six.
FAMOUS KONA CASE.
Judge De Bolt has been notified by
he Supreme Court that defendants
exceptions in Bierce V. Hutchins are
'verruled, pursuant to decision of Dec
,mber 90. 1907