The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-06
CLUNEY DENIES.
He Says He Was Not
Prejudiced.
As Juror Gave Verdict Against In
surance Company But Only
On the Evidence.

Captain J. c. Cluney takes oath that
he Is not prejudiced against insurance
companies. Some days ago Arthur @.
Mericourt obtained a verdiA for over
s., 900 against the Norwalk Fire lnsur-
ance Company. The company made
application for a new trial. II filed
affidavits from Captain Bowers of the
Merchants Patrol and j. A. Durrant
relative to a conversation which Bow
ers and Durrant claimed to have had
with Quincy during the trial of the
case, in which Cluney was juror.
Bowers swore that Quincy stated
that he hated insurance companies in
general and had sympathy for the
complainant in the suit, Mericourt.
Later eleven jurors-all but Quincy
made affidavit that they did not be-
lieve Captain Quincy was prejudiced or
that he had been guilty of misconduct
during the trial. as alleged by the in
surance company.
Now comes the Captain himself and
in a lengthy and strongly worded af-
fidavit says that Bowers told false
hoods. Part of the document is as fol-
lows:
J. G. Quincy, being sworn, deposes
and says: That he was duly summon
ed, drawn, examined and sworn TO
serve as a juror in the above entitled
cause. That on Wednesday, the 14th
day of March, 1900, in the evening, de-
ponent was at the depot of the o. r.
q l.. Co, in Honolulu, and that with
the exception OF one w. l.. Bowers and
Tom Mahoney, the night Waterman of
said company, no other person was
present. That the conversation was
begun by said Bowers asking depon-
emit: How is the trial getting along?''
to which deponent replied, - slow.
Bowers then asked: How do you
think it is coming out?' to which de-
ponent replied. We haven't got half
through with the plaintiffs testimony.
There are two sides to the story. and
even if | had formed an opinion
would have no right to express il I'M
til after the conclusion of the trial.
Deponent then said: "McClanahan
got the Frenchman mad and the latter
said, I don't believe you and you don't
believe me- This was merely men
| toned as one OF the humorous feat
ures of the trial and was not intended
TO indicate that any opinion was en-
tertained by deponent one way or the
/ OlutTs dS ut III ldOl ulu HOl at ludl TINT
entertain any opinion as regarded the
merits OF said controversy.
That the conversation herein related
| by deponent is all of the conversation
which occurred at the time and place
referred to in the affidavits of said
Bowers and one J. A. Durrant on file
herein. That each and every state
ment. recital and allegation in said
affidavits. except as herein admitted
is wholly false, and can only be saved
from condemnation as being wicked
and malicious upon the theory that the
said atlantis have exaggerated and
confused the conversation which oc-
CURED on Saturday evening. March IL
1900, at the same place and about the
same hour and after the conclusion OF
the trial of said case. with the CONVEX
sation which occurred on Wednesday
the 18th of March 1900, during jhe
progress of said trial.
And depOnent. under his said oath
| doth depOse and declare that he has
never been in anywise and is not now
in any wise biased or prejudiced
against the defendant i'm said case oI
against insurance companies in gen.
erai. That deponent was not at any
time in any wise and is not now bias.
! ed In favor of the plaintiff i'm said case