The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-11-28
ESTEE AND ATTORNEYS JrN-
TANGLE TANGLES.
Question of Borrowed Exhibits Causes
Disruption of Case-Judcial Heads
Will Now Confer.

Lawyers and Judge Estee argued for
an hour this morning over certain evi-
dence and exhibits it is purpOsed to
introduce in the cases Of j. 5. Low VS.
Wilder Steamship Company and the
captain of the William Carson VS.. the
same concern. Oil was finally poured
on the troubled waters by a proposal
of Judge Estee to adjourn court until
Friday morning to give his honor a
chance to talk with Chief Justice Frear
in regard to the status of the exhibits.
The case of George L. Hind, ct al,
VS.. Wilder Steamship Company, libel
for the wreck of the bark William
Carson by the steamer Claudine was
fought out in the Territorial courts and
was decided in favor of the plaintiff,
damages in the sum of about $55, 900
being awarded. Defendants claimed a
right of appeal to the Court of APP
peals at San Francisco, but this right
the Territorial Supreme Court denied
and declined to recognized a bond on
appeal. At the same time, however, it
was tacitly allowed that there would
be no judgment issued until an opinion
of the Court of Appeals on the point
at issue could be obtained. The facts
were forwarded and a decision will be
expected very shortly.
In the case in the Territorial courts
there were used two large and two
small models of the ships and lantern
from one of them. If the Court of
Appeals should admit the case, then
all these exhibits will have to be for
warded to San Francisco.
The cases before Judge Estee are
new suits, and are of the cargo of the
William Carson and certain personal
effects of the captain, which were lost.
The claim is for $4,000. By agree
ment with Justice Frear the exhibits
in the George L. Hind case before the
Territorial Courts, above referred to,
were borrowed for the hearing in the
United States District Court only, and
upon the concluion of that hearing
would have to be returned to the court.
The first fight between the attorneys
was as to using the evidence and
affidavits in the Hind case in these two
cases. After more or less talking II
was finally agreed to admit the evil
dence on condition that the official dis
trict court stenographer should make
copies of it to be used on appel ii in
and most serious clash, was on. the con-
sideration of the exhibits, without
which the case simply could not go.
1t was pointed out by Mr.. McClana-
han that there would certainly be an
appeal; that the exhibits belonged to
the Supreme Curt, and could not be
used on appeal, unless the appeal in
the Hind case were already decided by
the Court of Appeals on the lines of
the ruling of the Territorial Supreme
Court.
Judge Estee ruled primarily that he
would not admit any evidence or eX-
hibits that could not be used on ap-
peal. He suggested copying the exhi-
bits. which would cost 5000 or S4OO, but
did not see how the lamp could be
duplicated. 1t was an unusual lamp.
"a very good lamp" interposed Mr..
| McClanahan, attorney on the side of
tn lamps owner.
"If Chief Justice Frear insists upon
retaining the exhibits" remarked
/ Judge Estee, II can't help it, | can't
overrule Judge Frear if / wanted to,
and l am sure l don't want to- Later
on he said: "I can only ask for the
use of the exhibits. If they are refus-
.ed. l can issue a subpoena for them,
but if they are still refused l can do
no more and duplicates will have to be
made"
The court finally suggested stipula-
tion that the exhibits be used in all OF
the cases before the Court of Appeals
coming from any local court, and that
they be forwarded to the clerk at san
Francisco as soon as the district court
was through with them to be stored
for this purpose. This proposition was
| satisfactory To the attorneys. IL was
then agreed to adjourn the "ase &c
Friday morning in order that Judge
Estee might present the proposal tC
Justice Frear.