The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-05-04
OPINION 0g rE coUzr 81 EzEAz,

OPINION UE CE CuCzT 81 EEEAE. =
Tuis case comes up On exceptions
from the CIrcQIt Court, First Circuit.
70 81 order granting s new trlsl On
the ground thst the verdict, which
wss fo- the defendant, was ssslrst
the weight Of the evidence
The Question presented 10 Is = Tot
precisely that presented to the trIsl
Judge on the motion for new trlsl.
bit rather whether hat judge eIsr-
cisei g sound Judicial discretion II
granting the motion This l. the
role where the motion : not founded
upon errors OF lsw- The trial Judge
i in 8 much better position than We
Srs 70 ssy whether the verdict l. n
sccc-isrcs with substantial Justice
between the parties for he hears the
testimony OF the Witnesses sCd the
s--uus-5s Of counsel. snd observes
the whole cuurss OF the trial An
A--aIIg-s Court = more reluctant g.
interfere With the FL=Cc-se OF the CTS
r,-e---- - the -r-s- court where e. II
---- case. 3 Rev TIA. MS been grant
a. than where Is l.- UsSu refused
We - held II kzsuzsu2 - hsahI.
a. -rz -sss September tenn and such
= -rz u-s7slL-uE r--= II other Ilr.s
iic:-Cus- To grant new trls- l. bat
O. ssld --s parties % suOtler jury.
wL=-s smother opportunity vii De
given FOR G full aud t4l- Investigation
% their rights While ID refuse : Few
trial : 10 settle the case forever Con
szg-ertLy. where there l. 3 serious
Question - 20 the Correctness OF 6
verdict. ard new trIEL ms been
Granted by the srIal court n the
exercise q Its Judicial discretion. the
Appellate Court should not revise
s-eL exercise o discretion unless Il
supesrs 70 have been abused
Upon Z careful examination Of this
case We s-e u the opinion that there
i serious question a. TO the
correctness Of the verdict. and that
.hs trial court did not sbCss It's
discretion n granting : new trial
While We nay not under the CT
c-ustarces Of this case. have reversed
The order. Z 3 new trial had been
refused. yss We cLlCk- u tie OlEe-
hand. cEs5 the C-ier granting e rev
trial Sl1-Li stand
The action s.s brought upon :
urcui.sCry note The sole defense
vas want a coCsiierztiCu- The
dste-dzrs had been n the employ
rsrt q plaintiff g. manager q
ranch ana CUC- The Termination Of
this reLzsiCC signed 3 note payable II
ore yeGr- Il the e11 Of the year,
uroc the request OF the plaintiff for
uayus-t and the disability Of the De
fsuizr1 % Cay. 9 new note WIS sign
ed for e larger amount tie Increase
bang prss1ublg for accumulated
in.s-est- This second note l. the
subject q the action
Tcs defendant admits that he
sized 10th notes. but claims that he
siZre6 TIE t-s1 = = uzstsr q &C
cCu-Cd41I11 70 enable ths plaintiff
70 make z showing % his brother T.
W MscfzrLE1E- manager 4 the
Union Feed Company, who appears
t. have acted 10 some extent - agent
C: the rzEcL- u HGEol1I1 The
plaintiff claims that tits EJte wss
gi7s- E-- the balance found 10 Be
c-= cUo- E1zL accounting between
the Pg-lI=s-
Tie note Ilszlt L gri1lI f'l-.s svI-
GsCcz -t valuable cCL--i=rE1IJu-
Il contains q recital Il b. value recezV-
ed TIE burden Of proof rested
uuoc the d=i=ciE-5 % show want Of
-1-s- f=rzrIJ- / s-z5Euzuz Of sc
c1rr- was pr-C1EEd showing g bal
zcce E-= LEz plaintiff q the amount
OF tbs first u55e- There L some Dis
Uc.s a. 10 w1e1 this statement vas
presented O TIE tzf=1ta1t- Tie DE-
tzCtzc5 admits that Es and tie
plaintiff went CTEr the ranch books .
together tEs day before he left far
the uCrpCse Of E=cecrEIEICE the bal
zcce t1e- bot says that beca1=e s0uz Z
EErs II town they we're .
unable % strike Z baIE1ee- ard that f.
Il E7zr=d the note u the under .
s-acdIzz that the AMOUNT should Be .
altered II found 20 be I1cCrrecE EL=1 .
J tlL statement should e made .
He then says IEccctI=cE1-Iy- that h .
owed the uIaIEtIE nothing bot signed .
the rate solely b. Ezy a zccGuno /.
ia1i0n- He does MT explain Why I
The uCCs was made far teIs particular .
AMOUNT $40 O. H kept TO books
Z E-= ozu and Vas unzsle u make
suT statement q account himself .
HIS reasoc fJr believing prI0r To tie .
:LEuI1g Cf the Eote that l. 1Ezd
nothing vas h= says that Es had
lot 6eeu toId that be vas behind
HE then gees O. u say that tie
,z1ch was Ind-bsEd &c hin but does
lot seen 70 have ever thought Cf
flr the oslzuce- II any, G1s
Am He says that he does n1s know
nav the account stood and does uoG