The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-17

COURT NEWS
Hitchcock Loses
His Suit for
Damages.
q. A. DAVIS BREAKS
LOOSE AGAIN
Verdict for Plaintiff in AhIo VS..
Mon Yuen and New Case
Before Edings.

/ @ a. A|e1fIo, Liz cAplOSlNt at
torney, created another sensation in
court yesterday morning. At ten
O'Clock the sealed verdict brought in
by the jury on Wednesday evening
was, by order of the court, opened and
read.
| The verdict was in favor of the de-
PENDANT, and the jury affirmed it up
on being questioned by the court The
case had been under the consideration
| of the jury for more than twenty.fou,'
hours when the verdict was returned
and the bailiff had had the jurors in
charge the entire time. They twice no
titled the judge that they were unable
to reach a verdict the vote being six
to six the first time and nine to three
the second. Tuesday night they had
been locked up at the Hawaiian Ho-
tel, and at noon Wednesday the same
notice was given. At six o'clock Wed
lnesday the sealed verdict was handed
( in
When the verdict was read in court
yesterday morning, Mr.. Davis, who is
counsel for the plaintiff, objected to
the verdict, and noted an appeal in a
most aggressive manner He took ex-
ception to the action of the court in
squeezing" verdict from the jury, so
to speak, after the jury had repeatedly
reported it's inability to reach an agree
ment. He did not make any objection
to the charge of the judge or to the in
lstructions, but it seemed to Mr. Davis
that his client had been unjustly
! treated by being forced, so to speak,
to bring in verdict. Numerous au-
thorities were vehemently cited by the
attorney to support his attitude.
The court promptly overruled the
motion, and Mr.. Davis noted excep-
tons. He will proceed to an appeal to
the Supreme Court for satisfaction on
the point of law he has in his grasp.
The case is a suit for damages
brought by the plaintiff against the
Hawaiian Tramways Company for in
juries to himself and his vehicle on the
occasion of being run into by one of
the company's buses. The amount
sued for was 5000.
JUDGE EDINGS' COURT
The suit in ejectment OF L. AhIo VS.
Mon Yuen came on yesterday morning
TO be heard before Judge Edings, Lorrin
Andrews appearing as attorney for plain
/
| case was an old one, l.4e complaint hav-
| ing been filed in November, 1899, Judge
Humphreys at that time being retained
as one OF the attorneys for the plaintiff
By reason of this fact the First Judge
/ of the First Circuit Court was disquali-
| fed to hear the case, and it was placed
on Judge Edings' calendar.
The case was argued and given to the
| jury. and a verdict for the plaintiff in
\ ere
being disposed of before the noon hour
The following is the list OF Jurors in the
| case: Solomon Koki, Henry Lose Louis
II. Miranda, Walter NJ. Pomroy Vincent
| Fernandez, Thomas r. Lucas, James F..
| Fullerton, Samuel L. Kekumano, Rob-
ert X. Pahau, Vim. nj. C. Cunningham,
Hugh II. Walker and Thos. J. Quinn.
/ In the afternoon the case of Sing
Chong & Co. VS. Len Hop Wal was TAX
en- up and evidence was heard until 4:3O
p. m The case will be continued today.
The Jurors are Ernest H. Ross. Manuel
A. Gonsalves David F. Thrum, Walter
A. Hardy, VIM. H. Lyle, w. B. Rice,
| Thomas Lucas, Thos. J. Quinn, w. H.
McInerny, Walter NJ. Pomroy, Ward s.
Bartlett and Alfred H. Mellis.
COURT NOTES.
The case of Prendergast VS. Peter Mar
tin was continued all day yesterday be-
| fore the First Judge of the First Cir
cult Court and will be taken up again to-
day. Argument has not yet been reach
| ed.
In the matter of the estate of Mary F.
Pearson, deceased. Louis Pearson, hus-
band of the deceased, has filed a petition
for an order of court requiring an I'm
mediate accounting of J. K Prender-
CAST, administrator.
PROBATE.
Fred wundenburg, who was yesterday
by decree of Court appointed guardian
of the five children Of the late William
H. Cummings, has filed bonds in the
sums of 1900 each. for the guardianship
of Esther c. Cummings, Parker Cum
mings Jonah b. Cummings, Edward
Cummings and Ernest Cummings, Cecil
Brown being the surety in each bond.
| An order has been issued approving the
accounts of and discharging George R.
| Carter, administrator of the estate of
Robert Halstead deceased.
1t has been stipulated and agreed by
| the parties to the action Of Mahoahoa
vs. Tai Bun ct al, the said case be con-
| tinued to the next term of the First
i Circuit Court.
DIVORCE ACTIONS.
| Summons has been returned in the case
of Manoel da Costa Daniel VS. maria dos
Angos Daniel. showing service upon the
| defendant by John Fernandez, deputy
| sheriff. The case is an action for di-
vorce brought by the plaintiff against
the defendant upon charge of adultery,
the plaintiff alleging also ,hat there are
three children, the offspring of the mar
rage of plaintiff and defendant, and the
defendant being manifestly an unfit per-
son to have the care and charge of said
children. the plaintiff prays that the
custody of said children be awarded to
| him.
]. NJ vivas and c. c. Biting are at
torneys for the lbellant.
ADMITTED TO HAWAIIAN BAR.
Arthur f. Allen, a graduate of Stan
ford University of the class of 1891, and
recently arrived from San Francisco.
where he was associated with George
| A. Sankin, attorney-at-law, yesterday
| do mill n ha admitted IN mr.