The Daily bulletin., 1893-05-03
COURT CHRONICLE.
Wilder Steamship Company Wins a
suit--George Titcomb Released.


A decision of the Supreme Court
has been rendered in Pow Kee VS..
Wilder Steamship Co., a suit to re-
cover the value of goods lost in the
Kahului warehouse fire. Circuit
Judge Cooper sat on the case in
place of Chief Justice Judd, dis
qualified by interest. Justice Frear
prepared the decision, which is in
favor of defendant. The main points
decided are the following: l, Evi-
dence of changes made by a com
mon carrier after an accident is not
admissible to prove negligence on
the part of the carrier before such
accident. 2, The acceptance with
out objection of bill of lading pre-
pared by a shipper, and accepted
by him at the time the goods are
delivered to the carrier, is, in the
absence of fraud, imposition or mis-
take, evidence of the shippers as
sent to a provision contained in the
body of the bill exempting the car
rier from liability for losses by fire
not due to tho carriers negligence.
3. A consignor prima facie has
authority to bind the consignee
by special contract exempting the
carrier from such liability. The bill
of lading in this case is in substan-
TALLY the same form as that set
forth in the case of e. O. Hall e.
Son against the same defendant
which was decided in favor of the
plaintilfs-but the trial proceeded
on the theory that the exemption OF
the defendant from liability for
losses by fire extended to inland as
well as marine losses. A verdict was
given for defendant before Justice
Dole last October, against which
plaintiff appealed on the ground
that the Court charged wrongly on
| the points now decided as above.
Now the Supreme Court over-rules
the exceptions to the rulings and
the verdict. A. S. Hartwell for
plaintiff; f. M. Hatch for defend
/, ant.
A unanimous decision of the Su-
preme Court, by Chief Justice Judd,
has been rendered in the application
of George Titcomb for writ OF
habeas corpus. 1t discharges the
prisoner on the ground that there is
no offense known to our law as can
assault with a dangerous weapon,
and a verdict, the mittimus CORES.
ponding, finding the defendant gull,
! ty of such an olfense is void. Peti-
toner was sentenced at the March
term of the Fifth Circuit Court
! (Kauai) to pay fine of S25 and be
imprisoned at hard labor for two
years, for the otfense of assault
with dangerous weapon Defend
ant having regained his liberty under
the writ of habeas corpus, has flee
discontinuance in his suit for ;
writ of error against the Provisiona
Government. A. S. Hartwell fol
petitioner; Attorney-General Smith
for respondent .
Lai Ting, an involuntary bank
rupt, has filed petition for dis
charge.
Proceedings at Circuit Court tern
before Judge Cooper are steadil.
eating into the prodigious calendar
Provisional Government VS.. Haa
heo and Kanalu was begun yester
day and concluded to-day. 1t wa
an appeal from the District Court
where defendants, boys, were con
victed of assault and battery on
Chinaman. The jury found then
not guilty. A. S. Hartwell for pro
secution; Kane for defendants.
Provisional Government VS.. [
Watson and three others, house
breaking. Wilder for prosecution
Kane and Kaulukou for defendant!
Now on.