Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-01-11
DOLE SITS IN
MAHUKA CASE

lContlnueu from rage "
ter. having been brought out when
the matter came before Judge Robert
son. At that time separate trials were
then refused, however, owing to the
fact no titles TO the lands in quest.
ton were shown, the judge holding
that until this was done the cases
must all be heard as one.
What will be done with this mat
ter now remains to be decided by the
court.
Doic's Position.
When the case came before the court
this morning Judge Dole said that lie
found he was clearly disqualified to
sit but that he had written the attor-
ney general asking what was to ba
done in the matter and whether Wick.
ersham wished Mrs. Doles shares to
be- sold and the disqualification re.
moved or whether he wished to send
another judge down.
United States District Attorney
Robert W. Breckons stated that he
wished the matter of the disqualified
ton entered as a record of the court
and quoted from the statute covering
the matter. AT the same time he stat
ed that he would like the defendants
to enter into this matter with him.
Attorney Wilder said that although
Judge Dole might he disqualified from
sitting on the matter OF Il. o. Hall
& Son, he did not think that he would
he disqualified from sitting on tho
other cases For his part he certainly
wanted n separate trial and he be-
lieved that the other defendants also
| did.
Attorney Breckons objected to this
on the ground that il Judge Dole tried
some of the cases and not Il. o. Hall
& Son he would set precedent for
any other judge who might be sent
TO hear that case and that In the opin.
| ion OF the supreme court he would
have practically decided Il. o. Hall &
Sons case also.
| Attorney Anderson objected against
any record Of disqualification being
entered as Judge Dole might only be
unable to try the case temporarily.
He suggested that the matter 20 over
for couple Of weeks while the attor.
ney general was again communicated
with.
Attorney Stanley took the ground
that although Judge Dole might he
disqualified In the Hall case he was
not disqualified in any of the others
and that further no other Judge could
try the matter. Further there was
no possible way in which the other
cases could be brought under the iur.
isdiction of a judge sent down from
the coast. He also wants separate
trials. When the first demurrers had
been upheld the district attorney had
been ordered to file map and at the
time Judge Robertson had intimated
that If the titles were all clearly
shown then separate trials could he
granted. The district attorney with
his usual Unborn cunning had filed the
map but had not shown the titles.
Case to Be Pushed.
Attorney Breckons brought out the
fact that the government wanted the
matter pushed through with the mt.
most expediency. The matter of the
disqualification of Judge he did not
think could come under the head of
Jurisdiction and was one which the
attorneys could settle amongst them.
selves. He would make the offer 70
the defending counsels that they take
this course and agree to Judge Dole
trying the case.
Z, Attorney Anderson stated that he
did not get the same Idea on the mat.
ter as Breckons and that he ala not
think things could be arranged be.
tween counsel.
Attorney Breckons In reply stated
that anyway the matter was not one
for the attorney general to decide, as
II lay with Judge Dole. The attorney
general could not give any orders as
to whether Mrs. Dole should sell her
shares or not. If Judge Dole stated
that Mrs, Dole's interest In the prom
erty in question would make her an
Interested party then he was disauall.
fled but the attorney general or no
one else could settle II one way or the
other.
Following this, Judge Dole then
made the statement published above.
that Mrs. Dole would sell her shares
and that he would try the case.