The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-15

thus be pertinent the question asked
the direct They circumstances explaining the
and admissible though they tended prove the
defendants Jackson Litch Pa The plaintiff
took the risk of the defendants being thus
he made him his witness Latitude allowed by the
the of croexaminaton largely in Its discretion
and should be the subject unless pre-
Judicial the complaining party. The appellate will
interfere unless that discretion oppressivey abused
Encyc. P q Pr 10 Here conceing for arguments sake
that the strictly pertinent que
ton the direct certainly evidence whether
introduced its proper order The rule whether
competent evidence admitted of Its proper order ground
for trial depends upon whether the plaintiff in this
injured thereby If example the plaintiff had
Immediately after the of Beckey and
PENDANT had asked for and obtained nonsu, the ground
that the plaintiffs evidence including the
showed and plaintiffs resting that stage his
opportunity rebut the evidence the cross hold that
the should be aside and trial awarded But
here the plaintiff proceeded put his proofs tending rebut
the defense Of title by prescription and all the evidence
the jury
In Jackson Lch SUPRA Judge Sharswood says that he
had able find single which had been
by his the ground that party had been permitted
lead matters constituting his by the
examination of his adversary's witness.
the so-called american rule that the
should be limited inquiry into the facts and
connected with the stated in the direct
animation of the witness. But it frequently difficult
determine whether given question relates any
brought the direct examination of necessity much is left
the sound discretion of the trial Judge The contention of
plaintiff the introduction defendants proofs by the
examination of plaintiffs witness is in violation of pre-
crbng order of proof do consider sound view of
the rule of law which the Judge the right to exercise
the relevancy of the questions allowed
chief This view dispoes of excep
tons and 10.
Exceptions 16 inclusive all to the courts allowing
questions be put the plaintiffs witness Kauai
They appear have been asked for the purpose of i'm
peacn the witnesses character for veaciy and to show bias
plaintiff. For example, Kauai asked "You de-
part of your time looking up your neighbours titles and
finding flaws in them don't your! Didn't you, than
days Mrs Becey pay twice for piece of land
of Moili for a that had nothing do with youE Did
YOU know about Booths going down to Kiouas house,!
general being that much latitude allowed
croexamination the Oh of which the extent of
the witness knowledge his feelings of bias prejudice hostility
interest accuracy of memory &c. in order that the jury
estimate correctly the weight be given his testimony
unless find that the abused its dscre
ton in allowing the questions, and we do find.
Exception allowing witness to be asked certain
date he told the TRUTH of too little Importance to be considered
Exception refusing allow plaintiff be asked if he
knew hy brought before by Cumms
his WE'LL 1t of consequence the jury why suit
brought earlier and the question properly refused
Exceptions "A inclusive the courts charge and to
its refusal of certain of plaintiffs Instructions
Exception The papers entitled houd Nara
the Intermediary Court of Oahu in August
1873 being action of epa the land in controversy
wherein plaintiff (present defendants grantor recovered
damages the defendant plaintiffs devee IN trs were
introduced evidence by defendant The court ruled that 1t
was not bar to the action but the testimony of witnesses
therein now dead evidence tending show that Koula
NV ii uOtOr In
this view the plaintiff withdrew his objection The trial courts
view of the effect of the decision referred that 1t found
that the land was within the boundaries of Pahoa and the
defendants privy had acquired title by adverse
session. The evidence both these points left to the jury
Exceptions 24 may be summed up as follows: Plain