The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-11
In LIT TIES
COURT ROOM
Attorney G. Davis
Gets Very Much
Excited.
KLONDIKE CASE
HAS A HEARING
Cleghorn Contempt Citation Post.
poned Until Friday Because Of
Failure TO Serve Papers.

Attorney Geo. A. Davis furnished all
the interest in Judge Little's court yes
terday morning. Mr.. Davis was angry
so angry that he threatened to leave
the court room, unless Mr.. Wilder sat
down. The trouble was all over the
case of T. w. Hebron VS. C. ]. Helm,
in which plaintiff sues for the recovery
Of $4,000 given to defendant to locate
claims in the Klondike for him The
alleged had been broken. Mr.. Hebron
was on the stand telling. how about the
transactions he had had with Helm
over the Klondike deal. It was claimed
that he had given to Helms family
$500 to be used for maintenance while
the head of the house was seeking gold
in the frozen north. nA
DO you know that this six hundred
dollars went to the support of Helms
family while he was away?" asked Mr.
Davis.
Mr.. Wilder objected to the question
He objected at length, and arose to his
feet and began pacing up and down
the floor as his objections grew in
force Mr.. Davis put the question
again, and again the same objections
were made by Mr.. Wilder who had not
left the floor. This side performance
continued for several minutes without
any progress in the case excepting
perhaps the growing anger of Mr.
Davis, the utter calmness with which
Mr.. Wilder surveyed the situation, and
| the look Of amusement with which the
| court viewed the antics of the two at
| torneys. .1sysi.
II wish Mr.. Wilder would take his
seat. I object to having him walk up
and down the floor" said Mr. Davis
angrily. HE hasn't any right to do it
land If he persists shall have to with
draw from the case" 4
| Judge Little advised Mr.. Davis not
to get excited, and he proceeded with
the examination OF the witness. There
were several other outbreaks of equal
! intensity, and the court told both attor-
neys they were too nervous and should
| take matters more quietly.
| Mr.. Wilder then went on the stand
for plaintiff, and stated that defend
ant had come to his office by request
| and admitted that he did not carry out
! the contract and that he did not intend
to. He offered $500 in payment of the
claim for 81, 900 but this was refused by
witness.
What did Helm go to the Klondike
for?" asked Mr.. Davis of the witness.
II don't know whether he went at all
or not
Did he tell you that ne went out Of
idle curiosity?"
II didn't say he said anything at all
| about curiosity, he just went up and
| came back" retorted Mr.. Wilder angri-
ly, and for a time it looked as if another
explosion was to occur between the
two attorneys.
VIII E. Fisher was then put on the
stand by defendant to show the cost of
making the trip to the Klondike, it
being claimed that Helm had spent all
Hobron's money In making the trip.
Mr.. Fisher testified that 1t would
cost several thousand dollars to make
the trip to the Klondike, but ouaif-
fed his statement by saying that the
question of cost depended upon the
route taken and also upon the season
of the year. In eross-examination ne
| stated that his figures were based
upon his own experiences IN 1898, and
that travel to the Klondike has since
been much cheapened. At the close of
the testimony Mr.. Davis filed a mo-
ton for non-suit upon the ground that
plaintiff had failed to prove the ale
cations in the petition. Judge Little
reserved his decision
CLEGHoRN IN COURT.
A s. CleSborn, cited for contempt
for alleged failure to pay into court
some MONIES in the matter of the es-
tate of PHILIPPE, appeared before Judge
Little at 9 o'clock. It then developed
that he had not been served with the
papers in the case, and High Sheriff
Brown was summoned to give the rea-
son for this apparent neglect. He stat
ed that he had placed the summons In
the hands of the deputy for service
Saturday, and would investigate the
matter. The court exonerated him
from blame In connection with the
serving Of the papers. and Mr.. Rob-
ertson, not caring to accept service ex-
cept in a legal way, the case was con-
tineu4 until Friday. In the meantime
Mr.. Cleghorn will be served with the
papers. It appears that the reason
for the non-service was the mislaying
of the summons N the case, Saturday.
AS the officer did not return to the
sheriffs office Sunday or Monday be-
ing busy with other papers, he was
unaware of the presence or the papers
in this case until yesterday morning
COURT NOTES
A divorce was granted to Rita c.
Tewksbury yesterday from Irving I.
Tewksbury. Libellant was given the
custody of two minor children, De-
sertion was alleged ard proven.
The case Of Ropert VS.. Kauai ct al
will come up for trial this morning
before Judge Little.