The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-02-07
DISTRICT COURT.

TUESDAY, Feb. 6.
Two school boys, Kalei Aonei
and Charley, were fined IS each
and costs for fighting in public
place.
Nine cases were remanded, four
DRINKS were fined 50 each with
costs, two DRINKS were nolle pross'd
and one disobedient lad was repri-
manded and discharged.
The case of J. A. Magoon,
charged with assault and battery
on J. W. Luning on Jan. 81, was
brought up. Magoon pleaded not
guilty.
Mrs. Luning was the first witness
on the stand. Her evidence is as
follows:
saw defendant at our office on the
afternoon of Jan. 81. We had con-
versatiOn about his share of the pro
rata of debtor. My husband had
some words with defendant abont a
bill of sale. My husband threatened
to put the debtor into bankruptcy,
and then he started to put the paper
into the safe. Magoon then came be-
hind the counter and struck my hus-
band twice on the back of the head.
/ tried to separate them, but Magoon
gave my husband another blow on
the face My husband was daZed by
the blow and his head was bruised.
Cross eXamined: Magoon gave the
bill to my husband to read, but he
considered the bill illegal. The bill
of sale was given to MagOon by debtor
as security. When Magoon asked my
husband what he was going to do
with the bill the reply was, "You
have your redress in court" Their
conversation was perfectly gentle
manly at first. L do not recollect that
Mr.. Luning threatened to tear up the
insisted he would destroy all the
papers and then put the debtor into
bankruptcy.
J. w. Luning then mounted the
stand. His version of the row is
substantially IS follows:
I had trouble with the defendant in
my office on Jan. 81. The trouble
arose over the settlement of some
debts. L asked him if he had the
chattel mortgage and he said he had;
L told him it was incorrect. He said
he was ready TO sign the agreement,
would not give him back the paper
unless awarded to him by the court.
He then came behind the counter and
struck me four or five times. / did
not return his blows. Magoon then
went out.
Cross examined: Think the paper
was in my hand when defendant
rushed at me. L then flung it on my
wife's desk. I did not threaten to
destroy the bill of sale. I called Ma
COON coward and then dared him to
shoot me- I did not threaten to shoot
Magoon.
j. a MagOon, sworn, stated: l had
a claim for rent for $50, for which ]
had brought suit and garnisheed
debtors saiary. Luning wanted me
to sign an agreement to accept pro
rata. I refused, claiming landlords
lien. He said could have chattel
mortgage, and asked me to get the
paper sigued. [ spoke to the debtor
and arranged to take bill of sale of
the furniture. After this [ went to
Luning's Office. Luning then asked
me for my authority to claim $165. L
showed him the bill of sale. He did not
approve of the arrange ment. Luning
said he would keep the bill because it
was illegal He said he would tear it
up and made motions to that end. /
then rushed towards him and struck
him in the face not more than twice.
We struggled for the paper. Mrs. Lun-
ing pulled me off: He said "damn you
I'll shoot you" / thought he would
do it, so let him go. L went outside
the rail and told him, "now you can
shoot" / then left. had no inten-
ton of assaulting him excepting to
get back the bill of sale.
Cross-examined /: wanted my pro
rata on the whole amount of the claim
Notwithstanding the bill of sale. had
collected $50 from the debtor before he
signed the bill of sale.
Judge Robertson's decision was