The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-17
new Of
The COURTS
Cleghorn Wins. the
Verdict of
Jury.
n a.
HUMPHREYS
REVERSED AGAIN
$40, 600 Damage Suit Brought
by Mrs. Annie [. Hutchinson
Against framwsys Co.

W.
The suit in ejectment of the Kapiola
nj Estate VS.. A, S. Cleghorn, after
two weeks trial in Judge Gears court,
was concluded yesterday, the jury re-
turning verdict after only ten min
utes' deliberation The trial began on
June IS.
The verdict was for the defendant.
giving him the disputed possession of
certain lands at Waikiki. The details
of this case have been previously re-
viewed in these columns during its
long course through the courts. Over
thirty witnesses have been examined
and the reporters transcript books have
been stacked one upon another as the
evidence has been taken.
Monday afternoon the taking of evil
dence was concluded and yesterday
morning at o'clock Kinney, Baltou &
McClanahan began the argument for
the plaintiff. The defense was conduct
late in the afternoon when argument
was concluded. The court instructed
the jury at some length ana with par
ticular care and the case was given TO
the patient twelve at 1920 o'clock. BY
$3.50 the jurymen We're again before the
lcourt and the foreman returned the
verdict for the defendant, which YER
dict gives him the possession of both
pieces Of land in dispute
Judge Gear thanked the jurors for
their patience during the trial and in
structed them to appear in COURT this
morning at 9 o'clock.
The jurors were: VIM. b. Mclean,
George X Kaia, Joseph n. Kuhia, Sol.
Kaleiopio Lucius E. Pinkham, Harry
| Simpson, Jos. P. Guinnane, Chas. H.
Rose, Louis De A. Prince, Frank D..
| Creedon, John c. Lane and JOS. Rich
ards.
TRAMWAYS co. SUED.
| The Hawaiian Tramways Company is
being sued for $4,000 damages by Mrs.
| Alice L. Hutchinson for injuries receiv-
| ed while she was a passenger on one
| of the companyS cars on Beretania
street on July 3d. The suit was filed
yesterday in the Circuit Court and will
| be heard in the August term thereof.
Mrs. Hutchinson in her complaint states
/ that on the day in question she was a
passenger on the defendants railway in
a car running on Beretania street to-
ward Fort street, paying the fare de-
manded by the company. She says it
was therefore the duty of the company
/ to carry her to her destination in a
safe manner. and that the car should
be operated in such a manner that it
should not collide with any vehicles and
teams on the street, and it was also
the duty of the company to employ
competent, skillful, prudent and sober
servants to handle the cars.
Mrs. Hutchinson alleges that the de-
PENDANT did not regard these duties
but on the contrary, wilfully and neg
lligently 6isregarded the same in that il
failed to exercise due care in directing
the car an which she was a passenger
She alleges that the car came into col
Ilision with a vehicle. When near Ala
lpai street the driver handled the car sc
Improperly. carelessly. heedlessly, reck-
lessly and negligently that a collision
occurred between it and a watering
cart by which the car was badly dam
aged, and the plaintiff without any
fault or negligence on her part was
lcaught and crashed between the dash
board Of the car and the seat in which
she was sitting. and thereby received
dangerous injuries to her body and
limbs. and was bruised. wounded, hurt
and became sick and lame, and ever
since she has suffered great physica
pain and been confined to her bed since
the date of the accident, and has there
fore been unable to perform and trans.
act her lawful affairs and business. She
AYERS that by the negligence of The
company she has been damaged in the
sum of $4,000.
COURT NOTES.
WILLIAM Locke Whitney has been ad
nli3ted to the Hawaiian bar and ha:
taken his oath as an attorney.
Messrs. Robertson & Wilder have
filed an appearance as attorneys FOL
John Ena in the case of S. NJ Kanaka
nui ct al VS.. John Ena ct AL
In the suit for damages and injunc
ton brought by S. NJ. Kanakanui ct al
against John Ena ct al, the defendants
Eugene Sullivan, Kanematsu and Ia
denote Ozawa, have filed amended an
swers. The amended answers each Gov
er three typewriter pages and are II
substance specific denials Of various al
Legations of the bill.
An answer of general denial has beer
filed by the defendant in the case O
Lee Ahlo VS.. Royal Insurance Company
by its attorneys, L. A. Thurston and
Robertson & Wilder.
KAPUKINI NATTER.
In the matter of the guardianship o.
Kalua Kapukini, a spendthrift, Kalus
i Kapukini, by W. ]. Robinson, her proc
ltor. has moved that the hearing of tbs
lpetition for removal of the guardian Of
1.-The alleged spendthrift be set for a day
certain
Judge Gear yesterday, after the filing
of such petition, rendered a lengthy de-
cision in the matter. The case is sum
med up and in concluding the cour
Estates that it will deny the motion that
was made in objection to the judgment
appointing a guardian on the ground
that there was no jurisdiction. Thu