The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-23
A COURT | ~
Another Minstrel Wants
Big Damages.
Ease Now on Before Acting Judge
Davis Attracting Much
Attention.

Inc Hoganites had an entire dav
with Judge Davis yesterday. The suit
IN which Thurley Thyous figures as
the plaintiff has been on trial since the
latter part of last week, and promises
monotonous hours this morning before
being concluded.
When court opened Attorney McClan-
ahan asked that the jury be given
snort recess in order that he could pre-
sent an agreement which he had baen
ordered to present in court on Mon
DAY. This was the agreement. or al
legged contract, by which the Orpheum
company was to back the suits of the
minstrel company against the steam
ship line. a forcible argument was
presented by Mr.. McClanahan against
the production of the agreements as
evidence in the case ON trial, as they
were entered into between the plaintiff
and third party. Attorney Robertson
made an argument in rebuttal and sub
mitted that the documents in question
should be made a part of the evidence
and exhibits.
Judge Davis sided with the plaintiff
attorney, citing as authority Barnes VS.
scout, united States Supreme Court de-
clsion. He also ruled the same way in
regard to the evidence in this matter
AFTER carefully considering the ques-
tArnS
the argument as to whether such agree
ments should be produced, but he was
Oh the opinion that the weight of au-
thorlty was against receiving the evil
dence in court.
Attorney McClanahan read the evil
dence of Frank Il. Heming, captain of
the Miowera, given under oath early
this month while the vesse. was on the
way TO Australia. Mr.. McClanahan al
so offered In evidence a copy of the
communication received by 4. H. Da-
vies & Co., from VI. NJ stern of San
francisco, relating to the taking-on Oh
the minstrel company. The testimony
or the Miowera's purser was also read
t. Rain Walker of Davies & Co. was
witness during the forenoon. His
testimony was to the effect that he had
no particular overseeing of the steam
ship business, that being in charge of
Mr.. Irvine. He spoke OF a confidential
letter book in which important letters
were copied. Mr.. McClanahan asked
him whether a letter of instructions is
sued from his office to the captain of
the Miowera, had been copied in that
book. He could not remember that it
had, and was asked to look it up and
produce it. if possible, at the afternoon
session, The plaintiff and NJ. c. Smith
were also on the stand.
Two agreements between the Or
pheum company and Mr.. Hogan for the
minstrel company were introduced as
evidence and filed as exhibits. One
was entered into by Mr.. Hogan on
\ April II, for a four weeks engagement.
and the last one was dated May 10, to
continue in force until June 5. Both
call for the payment of S312.5O per
week, and board and lodging for the
entire company, to Mr.. Hogan, for his
twenty-nine people.
| Mr.. Robertson asked Mr.. Hogan,
who was on the witness stand, if he
was not better off since he came to Ho-
nolulu than before he arrived. yes,
in health was the quiet rejoinder of
the comedian, amid general laughter
from the Court, jury and spectators.
You are also better off financially
are you not, Mr.. Hogan?" queried the
attorney. YES" came the smiling an
swer.
Robertson also read the cross-exam-
ination of Ernest Hogan as adduced in
the first trial. He also filed in evidence
as an exhibit a single ticket on the
steamship Warrimoo calling for steer
age passage in said vessel from Sydney
to Victoria, and issued In favor or
Thurley Thyous, February &c, 1900. A.
j. Hannah, Carl Dante and Alex. st. M.
Macintosh were also on the witness
stand. The latter testified to converse
lions and doings which occurred on the
day the minstrel company endeavored
to board the Miowera to continue on
their journey.
The case will be heard again this
morning.