The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-02-13

clerks certificate Of the default in
answering. and should not have post
poned doing so until the term had
opened. See Sec. 100 Civil Code.
Another exception is taken TO the
Courts allowing defendant to iden-
tify and give the date of letter ssid
to hsve been written by plaintiffs
mother to defendant The letter
itself wss thereafter ruled upon as
not admissible and did not 20 TO the
jury. We do no; consider this re
versible error. 1t did plaintiff no
harm.
\ third ground Of exception is that
the Court refused to grant new
trisl on the ground thst the verdict
wss contrary 70 law ana Toe evidence
snd the weigh; Of evidence and .ouu-
sci Tor plaintiff urge ihSt the verdict
Of ,ha Jury for 500 upon claim Of
$500 damages, and upon case
where the contract Of marriage was
admitted snd Its bresch proved snd
where the defendant wss shown to
he possessed of S handsome property.
snd nothing dispsrsging to the
character of the plaintiff wss brought
out. shows either disregard by the
Jury of the evidence or partislity
and bliss on their part
In sn seton for breach of promise
Of marriage though nominally the
dsmsges sre compensatory for the
bresch of the agreement, |. e. for the
loss Of marriage. it also admits Of
punitive damages for injury to feel
iuss. affections snd wounded pride.
Sedswick Damages. p. S6S.
johnson V. jenkins. a \. Y. 252
The measure of damages Is
question for the sound discretion Of
the Jury IS in other cases Of personal
tort. In such cases the Court Will
refuse new trisls for smsllness of
dsmsgeS for the ssme reasons that
preysil on questions Of excessive
dsmsges. To entitle the application
to succeed the Jury must have clearly
manifested sn abuse OF their powers
l Grahsm 4 Wstermsn, \. J. Al.
This verdict does not seem TO rs to
be 50 hsgrsut snd unjust SIS to require
the iuterposition OF the Court-that
Is, the verdict rendered for 800
damages does not PR & indicate part
islity or misconduct OF the Jury. 4
fair and uuprejudiced jury might
come 70 the same conclusions as to
the amount Of damage 10 be awarded
SIS the Jury did in this case, snd it
might also swsrd S greater sum.
Within reasonable limits the amount
Of dsmsge wss within their discretion.
We override this ground OF e1eep-
ton.
On the last ground advanced by
the exceptions Of misconduct of the
Jury We think s new trial should be
ordered
The csse wss tried or the 9th Dec
enb7r. Saturday. 1t appears by the
stiisvit Of Lukels hulu that on the
day previous 80 the trial native
nsmed J. hsmahele came to de
ponent's house in Lahains with a
third party. hsmshele was one of
the regular panel OF Jurors. and had
been summoned from Wsiluku where
he resides While there, kspushiEs,
who stands in the place Of father TO
defendant, came TO deponenI's place
to see hsushsle sud his companion:
hspushiHs shook hands with them
and said to hsnsoele that he had in
tended to go 10 Waikiki on the
Clauiire: then he continued the con-
yersstion with hsmshele in q low
tone OF voice The daponent inferr-
ed from hspuahiws's manner that he
was talking TO hsmahele about this
cssa which had been set for trial the
uezi morning, and was trying 10 IL
fueres him IN defendants favor.
This iiror Sss sworn on his rsir dirz.
He said be was s carpenter living al
WsilQku- That ne had not been sp
prozched II any way in reference to
this case. only had heard OF IL 1.-THE
case. recently. and knew OF 10 reason
Why he should pos sit on II The
fzci that ksp1shivs had talked
Nth this j1ryusr as dep0sed TO by
Lakels h1lu was 10. brought 10
plaintiffs o. her eoursal's notice u
I'll stte- the verdict Undoubtedly If
this had been known 10 them they
could have challenged him. for. pre-
viols 10 hsushele-s examination
John hsuzksnziEsI Ess s~Or1 OF MS
rair EE-E. h stated II substance thss
hsUuzbi~s had talked with hin OF
zEe previous day IN the HOUR saloon,
CONWAY. another I1r1r. beng there
slsl- hzp1zhiwa paid f5r the
drinks. t1s1 took him 70 TIE back
pz-t q the saloon and asked him 70
hzye Z due regard :1r Mahuka's case
to let him 60 He first asked If I
ES i1EusH- I tod hin ys=. and
than he c0nu=rcsd 70 talk . ne and
sid ha wanted 70 leave the case With
u-a.- He asked ne t1r IL. names
q TIE Jurors and l gave hin the
Names q st0s= Ebo cane f-0l Wal
Ickc- He said s5ussh5ug Ike this.
il void b : good thing II 1 Ec7ld
remember Msk1ks TIE iarJr dis
eIzIuei any iuilsrce up0l Ms mid
? Z I