The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-22
CONSEQUENCES AND STEVEDORES
FIGHT OYER IT.
Sixteen Witnesses called to Testify in
Judge Dickey's Court-Damages for
Hay That was Burned.

Judge Lyle A Dickey of the second
District Court had a large crowd of
steVedores, captains and other water
front men before him all day yesterday,
as witnesses or listeners in the case of
Castle & Cooke against McCabe, Hamil-
ton and Kenny, a suit for damages on
account of the burning of gS bales of
hay on Sorensen's wharf last month.
The plaintiffs claimed that the fire had
been caused by sparks from a donkey
engine operated by the defendants in
loading ballast on the ship Sussex.
Sixteen witnesses were called in the
case. At the time of the fire the bark
Mohican was discharging at one side of
the wharf and the ship Sussex was taxi
ing ballast at the other, while the
schooner Norma was loading at the end.
Witnesses from the bark and schooner
were called, as well as from the inter-
ested parties, and the men of the Sus-
sex would have been summoned too If
they had not sailed away. IT was a
hard-fought case, the point at issue be-
ing whether the fire was caused by
sparks from the engine or not
w. l.. Witham, Frank r. Vida,
Southland Hoffman and J. A. Gilman,
of Castle & Cooke and tie ed company
were called to show the ownership of
the hay and to testify to its having been
purchased by Castle &c Cooke. Captain
Kelley of the bark Mohican testified
that he saw sparks coming from the
donkey engine and falling on the hay.
There were two fires, within Is minutes
of each other. When the second one
came captain Kelley was below i'm his
cabin. He declared that before the fire
took place he had ordered the men who
were operating the engine to put a
spark catcher on the pipe.
Donald McFadden and Richard Lam
nd foe Of
hican each saw sparks coming from the
engine, McFadden observing that they
fell on the hay. Charles w. Saunders,
engineer on the Mohlcan and Charles
Kahapa, were called in cororboration,
and then the plaintiff rested. 1t appear
ed that no one had been smoking on
the wharf that day.
William Demster carpenter, was the
first witness for the defense. He had
been acquainted with donkey engines
for II years and was sure there were
no sparks. If there had been sparks
they would not have fallen on the hay
anyhow, as there was a strong wind
sending them in the opposite direction.
b. G. Holt ]. Mcdonald, Frank Wilbur
ton and Tom McLain were all equally
sure that there were no sparks.
Letters were introduced in evidence
showing the correspondence that pass
ed between plaintiffs and defendants,
when demand was first made for the
damages, also a bill for 9S bales of hay,
amounting to $193.40, from which $i2,
| realized by selling the damaged bales,
| had been deducted The answer to
| this bill from the defendants was dis
claimer of any responsibility. and then
/ the suit began.
John T. Warn, who happened to be on
the wharf with a camera at the time
of the fire showed the court some pic
lures of the blackened bales of hay
and the photos We're added to the mass
| of evidence.
When both sides rested they were
about even in the number of witnesses
that had testified to the various stories
and the judge thought he had better
| take a day to think it over He an
nounced that he would figure it out and
render a decision at half past one today
This afternoon Judge Dickey gave a
judgment for the defendants. with costs
allowed. His honor held that the own
ers of the hay had put it where it ought
not to have been and had not exercised
due care to avoid danger of fire.