The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-28

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pany for $3.50 for the damages to the
dwelling and it's contents. After a
weeks trial before jury in the Cir
cult Court, presided over by Acting
Judge Silliman, verdict for $5,11O was
returned on March II last. Now comes
the insurance company with petition
for a rehearing and alleges, besides
many technical and legal reasons for a
new trial, that Captain Cluney, who
sat as a juror, told certain persons dur
ing the progress of the suit that insur-
ance companies had fashion of taking
insurers money and then refusing 10
pay losses. The captains language
was extremely sulphurous according TO
the affidavit of Captain w. l.. Bowers,
of the Merchants Patrol, who, with J.
a. DurTant, a carpenter, makes a sworn
statement which is appended to the
company's motion filed yesterday in the
Circuit Court.
Captain Bowers affidavit is as fol-
lows:
in the evening OF the 14th of March,
1900. / was at the depot of the y. r.
and l.. Railway Company, in Honolulu,
anu LAtlt WIS ~ CEtllL dL LudL lAlllt OAi
Mahoney, A. DIrrant and Captain Gu
ney; the hour was | judge between 6
and Z o'clock. There was also there
man and a woman sitting nearby and
also the ticket agent came out, but |
do not know whether he paid any at
tention to the conversation that fol-
lowed. Captain Cluney said he was on
the jury in that insurance case and
| that It was getting - tiresOme;
| that he had been on the case for two
days, and that the evidence on one side
was not in yet and that the lawyers
were trying to break the testimony of
/ the Frenchman down by asking him
what certain things cost and then re-
i Herring TO an inventory and asking him
If he had not said that the cost was dif-
/ ferent when he made out that inven-
tory.
He then said that there had been a
question asked the Frenchman two or
three times and he Cthe Frenchman)
replied, L answered that question once +;
do you think l lie; If 50, think you
lie and at this Captain Cluney laugh
ed heartily. He remarked then: oh.
20 - with your - insurance
companies Then he said, Those in
lsurances companies will take your
y
lyOur money with their eyes wide open
and will take il from year to year, but
when they have a losing they wait 20
fight and get out of paying it, He
then said, 1 think If they insure and
take your money then they ought 70
lpay.' The conversation then drifted in
70 a general one on insurance. and soon
after ended.
The above is the substance Of the
conversation had at that time with
Captain Cluney.
w. L. BOWERS.
Subscribed and sworn 10 before me
this oath day OF March, 1900.
~. FERNANDEZ.
Notary Public, First Judicial Cir
| cult"
| J. Alvan Durrant's affidavit state:
that he is a carpenter and that he re.
calls a conversation at the railroad sta.
tiOn about the time mentioned by Cap.
tain Bowers. Durrant further SAYS.
IA man I had not met previous to this
IjOined us and began a conversation
about "a case in which he was a juror
He described the case as the case Of q
IFrenchman who had been tending ban
| in Honolulu. against an insurance com.
pany for the loss OF his house and fur.
niture by fire. The jurors name, as Il
came up in conversation that night
was Captain Quincy.
In discussing the case he stated tha
! the evidence Of one side was in, bu
that OF the other side had not been tax
en-. In the course Of conversation b,
volunteered a statement concerning in
surance cases, somewhat as follows
Insurance companies would take +;
mans money from year TO year. but II
case Of fire that they would try 10 bea
him out OF it,
/. l He further discusses the evidenc,