The Hawaiian gazette., 1900-05-18

sample of twenty eight others when
were brought some weeks ago against
the steamship company for It's retusal
TO transport the minstrels to Vancouver
on the MioWera.
The case is familiar to Honolulans.
The minctrels went from Vancouver 10
Australia on a vessel of the Canadian
Australian line. On their way back TO
Vancouver they stopped off here, In
tending TO resume their journey In a
few weeks. Quarantine interyened, and
when they finauy applied for passage
on the Miowera thev were denied.
The Minstrels by their attorneys,
Kinney, Ballou a. McClanahan, at once
instituted suit. They alleged they had
been Disseminated against. They said
that the Mioweras captain and purser,
though refusing them, had taken eight
white passengers on the trip. They
askeL for damages in the sum of $40 1000
each, or an aggregate OF s5S6OOO
The hearing of the case was deferred
until last Saturday, when the Miowera
was again in port. Tnen the captain
and the purser of the vessel testified.
The evidence seemed to SOW that the
minstrels being negroes had been the
cause OF their not being given accom-
modations. Arguments on both sides
We're lengthy and vigorous.
Judge Davis was occupied all OF yes
terday in hearing the case. During the
forenoon Hogan, Dante and others OF
the troupe were placed on the stand.
The attorneys for the plaintiffs an
nounced before noon that they were
through with their side of the case.
Mr.. Robertson, one OF the counsel for
the defendant company, began his argu-
ment. continuing until about 2 o'clock,
followed by Mr.. McClanahan who fin
ished his case for the Hoganltes short
ly after o'clock. Judge Davis then
allowed a recess to be taken until i:30
in order to give everybody an oppOr-
tunity to see the Australia OF. The
jurymen were carefully instructed as
20 the manner OF spending their recess
and were given explicit warnings not
20 converse with any one, or among
themselves In regard to the case in
question. A glad smile spread from
face 10 face OF the weary ones in the
jury box and they were soon speeding
for the Australia wharf
At the end OF the time specified, the
Court session was resumed, and Judge
Davis read his charge to the jury, and
also gave them the instructions re-
lutoltu VI ulH Dg tbuuttl lot DOlH
sides, Judge Davis read the charge in
a forcible manner. showing q desire 10
impress upon his hearers the import
ance OF the matter which he consigned
TO their keeping. The charge was as
follows:
This Is an action on the case brought
by the plaintiff against the defendant
corporation as common carriers for an
alleged wrongful refusal Of the defend
ant TO accept and carry the plaintiff as
a passenger for hire on the steamship
Miowera from Honolulu TO Victoria,
British Columbia, and other ports.
The plaintiff he's established that the
drffndnnt corporation was, on tho 18TH
cay or NAV 1900, engaged In the business
OF transporting passengers and freight
Tor hiTe upon steamships operated by
said corporation. The defendants are
therefore common carriers, and | so IN
II you come 10 the conclusion from the
evidence 'hat nn the i7th day Of April
100, plalntit offered himself In a nt and
proper state 10 he carried on board the
HtenmEhip MioWPra, one OF the steamers
OF defendant cornnratiOn, from Honolu-
Ia 90 Victoria, British Columbia, ana
other ports ard plGiniif was ready aud
Wiling 10 nay the proper and reasonable
fare therefor, II became and was the
ton 10 receive him on board the said
steamship hiowera and carry him as a
passenger from Honolulu 10 Victoria and
other noTis, provided there WAS accom-
medallion and convenience for him on
board the said vessel The refusal ~ the
defendant corporation under such cir
eImstanees, 10 so receive ana carry him