The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-11

HE ALSO MADE RULINGS FROM
THE STAND.
Judge Meets Judge in the Circuit Court
and Wilcox Bows to Gears Ruling.
McClanahan's Hard Morning.

District Judge Wilcox was called as
a witness in Judge Gears court this
morning, in the case of the Kapiolani
Estate against A. $. Cleghorn. Both
sides have been casting about for old
timers who knew of the Cleghorn place
at WAIKIKI in the seventies, and Wilcox
was naturally picked out. He had
little interview with Attorney McClan-
ahan, who represents the Kapiolani
Estate last week, and he was called to
the stand this morning, with results
that appeared to be quite unexpected to
McClanahan, and were amusing to
others present
Wilcox proved to be an exceedingly
aggressive witness, and now and then
he handed out advice to the lawyer in
stead of giving the blocks of informa-
tion for which McClanahan was dig
ging. Once Judge Gear had to exercise
his authority to persuade the judge on
the stand to answer and for moment
everyone in the courtroom trembled
and wondered whether the District
Judge would bow to the ruling of the
Circuit Judge that he was wrong in
critcising the form of a question. Will
| cox quietly gave answer and the dan
| ger of a suspension of cordial relations
| between the Circuit and District Courts
| passed away.
McClanahan wanted Wilcox to tell
about the ownership of the disputed
property between 1876 and 1881. Armed
with a document purporting to contain
| statements made by the judge in priv
ate conversation, he confidently began
direct examination. He encountered
very painful surprises and the dialogue
soon began to be warm, except on the
| side of the judge, who sat in the wit
| ness box and smiled and made speeches
| just as if he were on his own BENCH
delighting the jurors with the express
sive, inimitable Wilcox gestures. Now
and then he roasted McClanahan's piece
| of paper containing his supposed say
| ings, and intimated that he was losing
| great confidence in the McClanahan
memory and sometimes he invited the
| lawyer to observe the teachings of cer-
| tain statutes.
Wilcox testified that he used to drive
out to Waikiki in the seventies and that
he knew the beach well, but that was
about as far as he would go. He didn't
recall any particular details about the
Cleghorn pieces, and what he knew
| about fences and lanais in 1876 was only
that there We're various fences and la
nais along the beach.
| McClanahan produced his memoran-
DUN of his talk with the judge few
days ago, and began asking questions
from it. He wanted to know if the
| judge had not told him that he had
made observations of the Cleghorn
place and it's lanais. The judge said
not, and the lawyer wanted to know
if it were not possible that he were
| mistaken.
II think it more likely that that
piece of paper of yours is wrong" sale
the judge. II am beginning to lose my
confidence in your powers of memory.
You didn't take any notes where 1 was
then and wouldn't give much for that
! piece of paper"
| A lengthy question dealing with the
| judges alleged statements in conversa-
ton was next framed, but on hearing
the legal phraseology thought that he
was on the BENCH instead of the wit
ness stand, and he made a ruling that
the question was not proper. 'If you
i want to impeach my Veracity put the
question in the proper way" said Judge
Wilcox. Just look at that statute
there on your table or will show it to
you, where it says that if witness is
to be impeached, he must be given
exact dates and words. Put it that way
and / will answer"
] McClanahan was perspiring by this
time He asked the court to instruct
the witness to answer, but Judge
Gear thought there was something in
| Wilcox's ruling and sustained it. Then
the lawyer laid bit of foundation and
put the question again. Judge Wilcox
again ruled that it was not proper
This time Judge Gear ruled the other
way, and Wilcox was told to answer.
The answer showed various essential
| differences between Wllcoxs idea and
McClanahan's idea, of what had been
said at the private interview McClan-
| ahan worked bit longer and then gave
! 1t up. He called another witness. Judge
| Wilcox left the stand with flying colors,
and made his way to his own bench,
where for the rest of the morning he
made rulings with a free hand and dis
pensed justice unrestricted by techni-
calities