The Hawaiian gazette., 1888-10-23
SUPREME coURr---OcrOBER TERM.
MR.. JUSTICE M'oULLY PRESIDING.
MONDAY, Oct. Is.


MONDAY, Oct. Is.
The Court opens at 9 a. M, Hawaiian
jury IN attendance, and at rs p. m
Hawaiian and foreign jurors. Juror L.
Busnell, for lack OF familiarity with the
English language, is excused for the
term.
Kalauola VS.. Kekukahiko. Continued
from Saturday, ]. L. Kaulukou joining
NJ. Thompson as counsel for defendant
Unanimous verdict for plaintiff and 81
damages.
]. Herbert Reeves VS.. The Puuloa
Sheep and Stock Ranch Company, a
corporation. V. ". Ashford for plaintiff
P. Neumann for defendant. Assumpsit.
Agreement of counsel and oral motion
to file waiver OF jury allowed.
Meleawa and Kealiikanakaole her
husband VS.. The Laupahoehoe Sugar
Company and E. w. Barnard. w. o.
Smith for plaintiffs; F. NJ Hatch for
Laupahoehoe Sugar Company; no APP
pearance of or for Barnard. Ejectment
Plaintiffs file discontinuance and it is
allowed
Kanaloa (w.) and NJ. S. Ku her hus-
band VS.. The Union Mill Company, a
corporation; the Trustees of the Anglican
Church in Hawaii, a corporation, and
Geo. +. Holmes. w. G.. Achi for plain
tiffs; A. Rosa and W. o. Smith for de-
PENDANTS. Ejectment. Tried before the
following named mixed jury: j. A.
Spear, Geo. E. Howe, Chas. T. Gulick,
G. A. Meth, w. F. Bates, James Kau-
hane, Hyle Kapu, w J. Maxwell, CIV.
Nawaakoa, Kalawakua, David Bent and
w. o. Atwater: The plaintiffs claim
one undivided half of certain parcel of
land in Kohala, and for the unlawful use,
occupation and detention thereof IS 900
damages. Trial continues the rest of the
day.
TUESDAY, Oct. Is.
The Court opens at 10 a. m, foreign
and Hawaiian jurors present. Noon re-
cess from u :04 to Is o'clock.
Geo. w. Lincoln is excused from fur
ther attendance as a juror owing to par
tial deafness.
Kanaloa and Ku VS.. Union Mill Co. ct
al. From yesterday. By instruction of
the Court an oral verdict is rendered for
defendants.
The Makee Sugar Co. VS.. Keaumiki.
W. 0. Smith for plaintiff; w. c. Achi
for defendant. Plaintiffs oral molten
for nonsuit is allowed.
WEDNESDAY, Oct. II.
The Court opens at 1908 a. m, for |
eign jurors in attendance, and at :56 p. |
m. takes recess until 3 p. m.
Law Division. James w. Gay VS..
Joseph P. Mendonca. A. S. Hartwell
for plaintiff; F. NJ Hatch for defendant.
Action of covenant. New trial granted
Aug, 81, 1888. Tried before the following
named foreign jury; Hermann Focke,
Chas. I. Gulick, Chas Lucas, John NJ.
Dowsett, H. g. Crabbe, Frank Godfrey,
John A. Spear, Harry Armitage, w. o.
Atwater, g. A. Meth, J. B. Atherton and
Geo. E. Howe. This is the third trial.
At the special term in February a unanl-
nous verdict for plaintiff for s., 599 80
vas given. A motion for new trial
having been granted, the case was tried
second time at last July term, when a
verdict was again given for plaintiff with
damages s., 230. Both plaintiff and de-
endant except to the charge of the
court in certain respects, and at II :16 !
he jury retire. AT AS p. N. they are
brought in by order OF the Court and
ay they stand six to six, and that they !
possibly will arrive at a result after
mother ballot, and they therefore re-
urn to further consider. AT l "a D. m.
hey again return with a verdict for
laintiff for 81 200, three jurors dissent
lg. Plaintiff excerpts to the verdict as
ontrary to the law and the evidence
nd gives notice of motion for new
-ial.
Joseph H. Congdon VS.. H., Acker- 0
,ann and F. A. Schaefer. G. w. Ash n
,rd for plaintiff; A. S. Hartwell and F. J
[. Hatch for defendants. The follow
lg jurors are sworn: Hermann Focke,
/. H. Nicoll, Harry Armitage, G. A. n
eth, John NJ. Dowsett, H. 6. Crabbe, 81
7. E. II. Deverill, Chas. Lucas, E. w.
ordan, Chas. T. Gulick, Frank Gertz tt
nd w. F. Bates. This suit is for So 900 II
amages caused by the arrest of plain b
# as he was about to leave for San Of
rancisco on the steamer Australia in
ecember, 1856, on account of freight q
lpaid on cargo of hogs brought by 81
Ie barkentine Geo. G. Perkins, of al
hich Capt. Ackermann was master az
Id F. A. Schaefer & Co. the agents. Fl!
aintiff is on the stand as first witness ii,
hen the Court adjourns at 81 D. m.
i 10 O'Clock tomorrow morning. The &c
rest of the plaintiff complained of gave ia
'e to habeas corpus and contempt of pa
urt cases, besides which an assumpsit at
Sc OF Ackermann vs.. Congdon was az
ed in this Court ne
THURSDAY, Oct. Is.
The Court opens at 10 a. M, foreign al al
rors in attendance. Noon recess u IN. W
l :15 p. IN. ra
Congdon VS.. Ackermann and Schaefer. wi
aim for $1,000 damages for trespass. fol-
from yesterday, V. V. Ash
d joining counsel for plaintiff. After Pr
fendants' resting Mr.. Hatch orally Be
oves that upon the pleadings and the 10
idence the Court direct a verdict for J.
2 defendants, and after argument by Nh
nself and Mr.. G. w. Ashford and Mr.. Co
srtwell, the Court rules in favor of the :
,tion of the defendants and instructs thu
: jury: that plaintiff has not brought fol
ase that is supported in law and in
It, and that there is nothing s
them to deliberate upon, and that L.
srefore they must give verdict for s
: defendants. Plaintiff excerpts to the Mr.
Itructions of the Court to the iurv. I
hereupon, without retiring, at 2 SO On
m, the jury render an oral verdict for Ri,
, defendants. Plaintiff notes general ]
ceptions to the verdict as contrary to Co
. law and the evidence. j.
T. s. Martin vs.. L. B. Kerr. w. j
/