The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-03
NOT. BIASED
MeriCourt Jurors Make
Affidavit.
The Marshall Habeas Corpus Case
Heard Of the Circuit
And Supreme Courts.

Some dSys ago Arthur G.. .Mericourt |
obtained verdict for over $4,000 |
against the Norwalk Fire Insurance
Company. for the value OF a dwelling |
and its contents burned in 1898 on |
which he held policies in the company.
Later the company fled afidavits to |
prove that Captain Quincy, one of the |
jurors bringing in the adverse verdict, |
had been preiudiced against the COM
Eany, and was guilty of mis- onduct DUR
ing the trial Of the case. The company
asked for now trial
Yesterday eleven of the jurors In the
case-all except the Captain himself
filed sworn statement in the Circuit
Court that they had seen no miscon-
duct on their fellow jurors part The
affidavit is as follows:
Arthur Coyne, c. " V. Forster, H. c.
Patzig. r. NJ Lewis. John Ouderkirk,
W -. Grieve, +. NJ. Marshall. w. L.
Disney, II. \. Giles. VI. Costa and w b.
/ Mott. each man being duly sworn doth
depose and say each for himself and
not one for the other, that tney were
summoned, drawn and sworn TO serve
as jurors in the above entitled case;
that J. G. Cluney who was also sum-
mOned, drawn and sworn 10 serve as
/ a juror in said cause, did not in any
wise TO the knowledge of atlantis, mis-
conduct himself while so serving as
/ juror during the trial of said cause, and
/ that he did not in anywise attempt or
offer to bias or prejudice any or either
/ of atlantis in favor of the plaintiff or
against the defendant i'm said cause, and
that atlantis were not in anywise In
| fluenced, controlled or persuaded by
anything said or done by the said
| Quincy during the progress OF said
cause. that the verdict IN said cause
was based upon the evidence and the
instructions of the Court and was the
result of an honest and conscientious
effort to arrive at a just conclusion.
The Supreme Court. Judge Perry sit
ting with Justices Frear and Whiting,
heard yesterday the petition for a writ
of habeas corpus brought by William
VI. Marshall who was convicted in the
District Court Of libelling Chief JUS
tice Judd. Marshall had an appeal
pending in the Circuit Court and some
days ago his bondsmen surrendered
him to the police in order that he
might go before the Supreme Court
directly.
Marshall applied for a writ of habeas
corpus and meanwhile was released
again on $1,000 bonds. Yesterday his
attorney, J. r. De Bolt, argued the petit
ton. Deputy Attorney General Dole
appeared for the Government. The
Court took the matter under considera.
ton and will probably render a writer
decision in a few days.
The defendants in the case of Lun
All Lee and others against An SOonf
and others, have filed a motion in the
Circuit Court to dissolve the temporary
injunction granted on March %, 1900
by which the defendants were restrain
ed from diverting and appropriatins
water i'm Manoa valley.
a demurrer is also filed by the de
PENDANTS. on the grounds that the bill
is uncertain in some respects, the lane
| is not described. and the water Is no
described
captain Chapman Taylor, master o
the bark Seminole has filed bill of eX
ceptions in the Circuit Court in ad
miralty to the libel of Sam Furishima
the ships cook. who attached the Semi
mole i'm a suit for $4,000 damages 70
false imprisonment. A. 5. Humphrey
| is the captains attorney. captain
Taylor says that no stipulation for cost
has been filed, the wrong complained o
is not a maritime tort, the proceeding
should be against him personally AM
not the vessel. etc He asks for dis
missal of the suit
d. Kapali administrator of the es
tate of Hama Haelo Kapali, deceased
has filed in the Circuit Court, an Inven
tory of the estate. Household furni
ture consisting of a bedstead is values
at S.. and real estate at $1,000.
The will of Catherine Morgan ha
been admitted TO probate by Actin
Judge Silliman in the Circuit Court
James F.. Morgan is executor with
bond of 5000.
The Hawaiian Trust and Investmen
Company was appointed by Actin
Judge Silliman administrator of tn
estate of the late Attorney J. Kalu
Kahookano. 4 bond of $4,000 is ordere
h filed and an inventory is to be mad
within thirty days. The widow of tn
d deceased, Lizzie KahookanO. and tn
children of the deceased by fOrme
wife contested.