The Hawaiian gazette., 1900-05-18

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hnH lpHtfHilnH fnf N.W ~ W" tHi
fitaWsnlr Nern nn ih' h
{ aid ihai d. taf pfpafla n paI Nf iatt
r u. rfH.r af fF nlkfL Hnt ffai De
tfffffHd hlWnrf in ti HuN rflr't
iiait ln it received on hoafi ani Naiii'l
re rfsfoud,auro of H, uUdrure
T Do nllnrt sHrh evidence HH uIN ItatuuhHf
mffn 500 of the uutu ~ ihc hlitra.
] eIb ths condition snt form ln uns m
etfurtiun.
I ft.. exclusive udrrH an the facts iu ihif
ease. tho character. uunlltNt tNtnFihi
Urnhnpnr and crpdHilltN % tho evidence
are matters exclusively for you
The character. attitude. motive ana f'-
Iliatnit, III the Witnesses who have given
Z testimony iu this case are nhittts Ini
] vtnt consideration and sXclufiNDly tuf
you 60 determine, anu arr ha"' 20 W
mo fact that defendant b. a corpora
t0n should not influence YOU ~ nflls-
iuE at a conclusion ~ this case iaNoIa,','
4, the plaiutln. That H. 10 say, "a cuillot :
alton has the same rights and ~ subject
10 the same liabilities az an lhdlNluual'
and should bc 80 treated by you ~ W
consideration ana delerinlhauoh oi
Ihe burden OF proof is on the plainun
10 sustain the allegations set out IN lhe
con plant, and he must sustain ms Wnul"
cnse and prove all that he is bound 20
prove by such prcponderancc oi the 'Nl
dcpce as viii reasonably satisfy you OF
the truth Of the allegations IN the CON, com
plaint and material to the issue Whlch
YOU are to determine by your verdict
III YOU come to the conclusion that the
plaintif is entitled TO recover IN thls case
YOU will then have to consider the queh-
lion of damages. The damages recover
able IN this action are the expenses actu-
ally Incurred by the delay caused by the
wrongful act Of the defendant corpora
| lion. such as lodging and convenience,
! but not particular consequential loss
which may have been occasloncd by
plaintiff not reaching the place "nlthtr
] hc was bound at the time contemplated,
! such as loss of business by not Keeping
IL nine of you agree you may return a
/ verdict under the statute Ia" no" IN
! force IN these Islands.
J charge and Instruct you that the de-
fendant corporation as common carriers
had no right to refuse to accept ana re
celve an INTENDED passenger on board
I their steamship on account OF race or
' color plaintiff was entitled 10 the same
col sideration by the defendant corpora
ton as any white man who might apply
for "A passage on the steamer, ana u you
should come to the conclusion that pam
tin complied with all reasonaplc rcBuia-
tions, and did what he was hound TO 90,
and that defendant corporation hhd the
convenience ana accommodation FOR MN,
and that the true reason for the Iciusal
OF the defendant 20 accept plhlhlll as =
messenger was on account Of his race or
olor such refusal Is not Justhed by
law ~
regulations of the Board Of Health at
this port the fact that the steamship
would be quarantincd at victoria or
/ Vancouver, B. G., would not relleye t tns
/ defendant as common carriers to accept
and receive the plaintin as "A passenger
! II they had accommodation ana cohNehii
cnCe, ana the plaintin presented hlInseli
! In tit and proper state TO DE received
and was willing to pay his passhge
/ money.
At ten minutes to O'Clock the jury
retired, and the spectators composed
! themselves for long walt. The walt
was a long one, and the time dragged
on until after o'clock, when Judge
Davis began to show signs of uneasi-
ness. The spectators, attorneys and the
members of the minstrel troupe took
the same uneasy view of the situation.
Finally the Judge gave vent to his
thoughts:
Gentlemen, I'm hungry and intend
to go home for supper. I've put In a
long days work. II the jury does not
put In an appearance within five min
utes / will instruct the baillff TO inform
the jury that | will be back again al
1880, and have them locked IN tne jury
room until that time"
We'll, Judge" said one of the attor'
neys, how about supper for the juryY
mo, ! don't believe they should be
supplied with supper. No, let them stay
there until they arrive at verdict, an
keep them locked up"
1t was pointed out to the Judge that
the jury would probably get hungry.
| I. 4 n ganH
them their meals, to which the Judge
finally acquiesced.
At nine o'clock exactly the jury was
announced rea y to render It's verdict.
The Jurors were brought In by the ball
iff and ranged themselves in a row be-
fore Judge Davis in the Supreme Court
room. l.. C. Able6, foreman, handed
the judge the written verdict, which
was as followG:'
I'VE, the jury in the above entitled
cause (Hogan VI. Canadian Australian
Company. find for the plaintf In TIE
sum OF 50 $50 Three dissenting. J.. c.
Ables, Foreman"
1t was explained that the jury was
unanimous in rendering n verdict in IA
yor of Ernest Hogan, but were at yari-
ance In rendering their verdict upon the
sum 10 he allowed him.
Mr.. Robertson. counsel for the de-
fendant company, at once entered an
exception against the verdict on statu-
tory grounds.
MIR. Lyman. one Of the jurors, desir-
ed to ask a question OF the Judge before
the Jury was discharged, but counsel
for the plaindf interposed and the mat
ter was dropped, The Jurors, when dis
charged qu ckly left the building, they
having beeL In the jury room for lit
tie over four hours.
hlr. Ballou drove post haste to the Or
pheum and seeking the star performer
Of the MInstrels on the stage, told MIN
the glad news Hogan smiled ms he
never smiled before, and those within
enrshnt OF the two sped away TO the
dressing rooms 10 carry the tidings.
From the front the audience noticed at
once an IMPROVEMENT In the general
Pavety NJ the performers, and the news
w0s not long in finding its way ,hrough
the theater.
From living on pork chops and ex-
pectatlons, the members OF the compa-
ny will probably again resort 10 IT
OF Whau