The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-01
HE DENIES
THE MOTION
No New Trial in the
MerriCOurt Suit.
SAYS JUDGE S|LL|MAN
Cecil Brown Appointed Guardian of
Mary Porter Decision in Viz
GINA Comes Case.

! Judge Silliman yesterday denied do
PENDANTS motion for a new trial in the
/ assumpsit suit of A. G.. Merricourt We
! NOrwalk Fire Insurance Co. Tho dacis-
ion states that several grounds we're as
signed in the motion, but only one. that
II the alleged misconduct and incom-
/ potency of the juror ]. c. CIunev. was
argued by counsel. In regard tn tho
questions applied to the juror upon his.
qualification as such in the case. the
Judge says that considerable Factions
ness was developed with regard to the
relationship of several of the Jurors IN
/ Geo. Il. Garter, treasurer of the agent
/ OI the defendant company, but he con
/ slders that juror Cluney's answers
were given with manifest frankness and
with greater seriousness than from the
righteousness Of his examination might
have been expected. and the court was
Javorably impressed with his fitness To
! perform his duties"
with reference to Cluney's alleged
conversation with Capt Bowers and
others, wherein the former was alleged
10 nave cursed the insurance companies
IN general, the court was of the opinion
mat IT was very difficult ito get at the
ruin. mere was the sworn denial of
the Juror, around whom the law
throws a certain mantle of trust, which
ne considered had weight. A plan of
Attorney McClanahan to overhear CON
versation of the Juror was detailed the
only reason for the conversation moi he
ms heard was on account of the absence
OF the juror from the place the CONVEX
sation was to be carried on. The ere
liable man" of the attorney. however
was on hand
The false representations of Tnsur
ance Adjuster Hopkins" were referred
10 in the decision. THE examinations
MADE by him were improperly conduct
ed. 'Ihis man Hopkins came here from
the coast, stating TO plaintiff that he
was going through to Manila to estab-
llsh an agency, whereas. in fact IL an
pears from the record he came to Homo
lulu for the purpose of establishing that
the fire in question was fraudulent.
Hopkins, together with Mr.. McClana-
nan, tried to compel himself (plaintiff)
and wife, in what he considered an UNI
falr and arbitrary manner, to submit to |
examinations under oath. Plaintiff SAYS
he made up his mind that he would not
nave anything more to do with them. |
because he was satisfied that Hopkins !
was trying to do dirty work
Teh verdict was unanimous: all the
twelve agreed to it, and the other jurors
swore that Cluney did not attempt to |
influence them and for all these reasons
the court was of the opinion that the |
motion for new trial should be and il
Is hereby denied"
Humphreys & Andrews for plaintiff.
kinney, Balou and MclC1anahan for de-
PENDANT
Final receipts in re estate of John p.
Parker, deceased, were filed Yesterday
in the Circuit Court by w. +. Allen and
samuel Parker, executors, showing ex-
penditures amounting to $7.30O.SO, and
balance due the estate Of S45l.SO
in the matter of E. NJ Magoon VS.. l..
II. Lucas, for quieting title. the plaintiff.
by her attorneys, J. A Magoon and |.
vi. Long, has filed a replication, and
says that her bill herein is true. and
deiendants answer as set forth is not
rue, and this she is ready to prove"
In the petition of Claudina J.Camara.
widow OF j. M. Camara. praying that
Augusta Bell. daughter of deceased, be
appointed Administrative of said estate
Il is ordered that Friday. June list. at
~ clock a. m. be appointed for hearing
the petition.
The value of the estate Is placed at
81, 200. consisting of land at North
kona.
Cecil Brown has been appointed guar
ian of the person and property of Mary
Alice Porter. William Savidge was ap-
pointed as such in December last. but
allied to qualify, and therefore resigned
and renowned the appointment as
guardian in open court yesterday A
bond in the sum of S12,500 was yester-
lay filed by the new guardian, with
Frank Hustace as surety.
Cecil Brown and A. S. Humphreys,
attorneys for Mamie L. Smith, petition
er in the matter of the estate of ID. b.
smith, deceased, intestate, have filed a
notice in the Circuit Court that they
VIII move on Friday, May 4, at 10 a. m.
% proceed with and take the evidence
necessary to procure letters of admin
stration.
j. A. Magoon and I. NJ Long. for the
plaintiff in the bill for Injunction of
see Hau ct al. VS.. Chez Kit ct al, have {
lied demurrer in the Circuit Court.
stating that plaintiffs bill is sufficient
n substance and in law.
In the matter of the estate of John
4. Coney, deceased, John H. Coney. Jr.,
md Mrs. +. Ashton, devisees under the
viii, have petitioned the Circuit Court
hat the trustee of the deceased file an
inventory and accounts rs such. and
lso file a good and sufficient bond for I
he faithful performance of her duties.
Defendant Kalanihuia (k), in the
jectment suit of George Duck VS.. Kala- /
ihuia (kl and o. J. Holt. by his attor-
ey. t. McCants Stewart. has filed an !
nswer, and denies the truth of the I
acts stated in petition. :
Judge Perry filed a decision yesterday
n re bill for accounting of Virginia :
tones, complainant. VS.. The Portu-
uese Mutual Benefit Society of Hawaii, :
corporation. respondent, in which the (
will be allowed to recover
he sum of s499. without costs, from the :
efendant corporation. Decree accord {
nTr-