The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1891-01-28

III. M. WHITNEY (manager Ha,
waiian Gazette Co.. }, sworn: This is
copy of the regular issue of the Ad
vertser; the circulation of the
Advertiser is eleven or twelve hun.
dred copies; it is mainly circulated
on the islands; very few copies are
sent abroad from the office; one
copy is sent TO the King in bis alb
Sence.
Plaintiff rests.
MOTION FOR NONsUlT.
Mr.. Hatch moved for a nonsuit or
the ground "that there is no allega.
ton in the complaint that this article
is of and concerning the plaintiff
Nor had there been any proof pro.
duced that the article was of and
concerning the plaintiff. Even the
initials of plaintiff did not appear in
the complaint. There was not an
inuendo in the article itself to show
that it referred to D. M. Crowley
the term 'Mr. Crowley" having
alone been used. Counsel cited in
stances from the records of this
Court.
the declaration could be made more
pointed. If the identity of the plain
tiff was not established, he would
not ask for verdict.
The Court held that the declara-
ton was sufficiently definite and ac-
cordingly denied the noDsuit.
THE DEFENSE.
Mr.. Hatch briefly opened to the
jury, stating the proposed course OF
the defense, which was to prove the
allegations of the article true and in
the public interest.
j. b. ATHERTCN, sworn: Counsel
files deed of assignment by plaintiff
and Mr.. HASTE to witness) | re-
member assignment of ID. NJ. Crow
ley & Co. acted as assignee in the
matter; after receiving deed of as
slgnment | asked assignors for list
of liabilities and assets; they were
given to me; went into the building
and saw what there was on hand,
and asked if that was their entire
stock; was told that it was; think
they were in building on King street
lately occupied by Walker & R4d-
ward stock was not sufficient to
pay debts; our firm (Castle &
CoOke) were creditors were never
paid in full, none of the creditors
were paid in full; stock was sold at
auction for the benefit of creditors ;
recollect after that finding some
goods in the building above, in one
of the back rooms; cannot recollect
if it was after the sale; received in
formation one day that all the goods
had not been given to me; was ask
ed not to give informant away, but
was told where the goods could be
found; went upstairs and under a
bed found five or six packages Of
various kinds of furniture covering
and braids, tied up in burlaps evil
IDENTITY ready to he carried away !;
have forgotten my estimate f the
value, hut it was considerable, being
some of the best upholstery goods
in the places couldn't tell who 0ceu-
pied the room, think Mr. Crowley
went zap with me that day, bat am
not positive asked hIm hoW il came
that goods were there's never reeeiY-
ed any satisfactory explanation from
hlm that lhry we're other Than 81,
crlrd ior the purpose NJ defmudlng
rudIlurs dli charge Mr tmrley
nllu having something l0 no Nllbllj
as ! aall before BE- never gagr me
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