The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-31
| VERDICT IS FOUND
AGAINST COMBINATION
JURY IN FEDERAL COURT re.
TURNS IN FAVOR or c II.
BROWN FOR SMALL SUM.
Plumber Claimed That He Had Been
Injuries and Run Out Of Business
by Plumbers Combine - Jury
Agrees With Him.

At the opening OF the United States
District Court yesterday morning q
lengthy charge was made 70 the Jury
in the plumbing trust case BY Judge
Estee, the evidence and argument hav
ing been concluded on Tuesday after
neon Not a single exception was not
ed by counsel for either side. the
charge being declared most able and
fair by the attorneys representing
both prosecution and defense.
In the charge the case was reviewed
thoroughly and the rights OF capital
and labor to organize was discussed
az length. The jury was instructed
that if there was an agreement where
| by the plaintiff c. II. Brown had been
prevented from securing employees for
his business. such an agreement was
| contrary 10 law. and Brown was there
fore entitled TO recover such damages
as he had sustained by reason of the
agreement. It was added that if by
reasonable diligence, the plaintiff
could have avoided being so damaged,
be was not entitled to recover. Apro-
pos of the formation CT unions. the
court instructed as follows:
The court further instructs you that
labor has the same right TO organize in
its own interests as has capital. but that
no body of men. whether representing cap
ital or labor. or whatever their calling,
has the right to so organize as to injure
other men in their legal calling: that re-
Straints of trade are an injury to others
and are Illegal. under the Act of Congress
of July ,. 1890"
The written agreement between the
Journeymen Plumbers and the Mas
ters' Association, was referred TO by
the court, the reference being to the
advantage of the plaintiff. A witness
admitted havipo destroyed the agree
ment The instructions on this point
was as follows:
Gentlemen. the court instructs you
that if you believe from the evidence
that there was an agreement as claimed
by plaintiff binding the members of the
Master Plumbers Association not TO give
employment to any plumber not a mem
Der of the Journeyman Plumbers Union
and binding the members of the Journey
man Plumbers Union not to accent en-
ployment from anyone not a member of
the Master Plumbers Association. and il
you believe from the evidence that said
agreement. if there was any was in writ
ing and was destroyed by the defendants
or any one of them. then / instruct you
il is presumed the said contract or agree
ment in writing if produced. would have
been against the defendants. for the pre-
sumption is that when party wilfully
destroys Q written contract he does so
because he deems it TO his interest to get
rid of it
The jury retired in charge of Mar
shall Hendry at $50 o'clock. recess
of half an hour being ordered by
Judge Estee. The court re-convened
at 10 o'clock. but as no verdict had
been reached. a recess was taken
until further report from the jury. At
about II o'clock court was called
again. the jury having reached a YER
dict. The verdict was for the plaintiff
in the sum of $2S375. which means
damages for Brown TO the amount of
s95L75. il being provided under the
act of Congress under which the suit
was brought that the court is to ire
BILE the amount stated in the verdict.
The amount sued for was 100000 It
is understood that the time of the jury
was spent chiefly in figuring out the
amount of actual loss sustained. it
being conceded that the agreement
was an illegal one in the nature OF
trust. and that Brown had been in
jured By it in some measure. Attor-
neys Frank Thompson and c. c. Bit
ting noted an appeal for the defend
ants. who will take the case to the
United States Supreme Court. A fee
of $3.50 was awarded TO Col. Fitch by
Judge Estee. for his services in the
m affar