The Hawaiian gazette., 1901-07-30


pany, Judge Gear sustaining the mo-
ton of defendant and ordering the jury
to return the following verdict:
I'VE. the jury in the above-entitlh "a
cause, find for the defendants, Kaurohc
Ranch Company and Yum Quon.
IL. l.. PINKHAM,
Foreman
The case has been on trial in the Cir
cult Court for over a week. the ques-
ton which the case finally resolved it
self into being the title of the land
which the defendants claimed through
Charles Harris Friday the evidence
was all in and both plaintiffs and de-
PENDANTS moved for verdict in their
favor Judge Gear stated that under
previous ruling he had made he was
inclined to rule in favor of the defend
ant and the plaintiffs attorneys began
their arguments to remove that impress
sion.
In ordering the jury to return YER
dict in favor of the Kaneohe Ranch co.
the court said: THE defendants have
asked for a verdict on the ground OF
,ndisputed and adverse possession. /
do not think the facts sufficient to go
before the jury, and to my mind they
show the defendants to have been In
undisputed possession. If the jury
brought in a verdict for the plaintiif
] ahnu,C be compelled to set it as I" rs
contrary to the evidence. | feel that l
have no right to submit the case to the
Jury. though l would gladly do it and
relieve myself of the responsibility. !
i,St the iuTV to return a YER
dict for the defendants"
The jury was then called into the
court room and returned the verdict as
given above, though not without reluct-
ance on the part of some, who evident
ly did not understand the proceeding.
The plaintiff excepted to the ruling of
the court and will probably appeal.
SUIT AGAINST w. r. CASTLE.
Immediately at the conclusion of the
above trial the case of Mary Montana
vs. w. r. Castle, for an accounting.
was called.
The plaintiff claims that she owned
piece of land in Manoa valley consist
ing of eleven acres, which Mr.. Castle
sold to VIM. c. Achi for the sum of
$4,000. She further alleges that she
owed to the defendant sums which he
was to keep out of the money obtained
for the land. That he sent her state
ment showing balance due her of So
900, which he was to invest for her for
a term of three years at per cent, TAX
ing q mortgage on the dairy property
of Mr. Achi. She further claims that
she never consented to the investment,
and that she has been paid but $500 of
the amount due, and makes claim of
81. 300, which it is alleged the defendant
refuses to pay.
In reply to this statement the de-
PENDANT alleges that all his actions were
sanctioned by the plaintiff, whose af-
fairs were entangled with those of her
husband He held mortgages on the
land in question which were to be paid
from the sum realized from the sale of
this land, and was made on condition
that he would relieve plaintiff of the
mortgage. He settled this matter by
crediting the balance to Mrs. Montana
and states that he has loaned to plain |
tiff various sums of money and paid |
500, so that he now alleges that they .
are his debtors to the amount of over
$780,
On request of defendants attorneys
and of Mr. Achi the latter was placed on
the stand for the defense as the first wit
ness. He told of the transactions he had
had in the purchase of the land In ques-
ton ana tOlu OF several meetings ne nelu
with defendant and plaintiff and also
with Mr.. Montana. He said he told the
latter that he had no cash and would
give him a mortgage for $4,000 on the
land itself and of 5000 on the dairy
property he owned.
The plaintiff told her story clearly and
conclsely and said she had refused to
accept a mortgage for the sale of the
property as It did not mention her name,
but that of Castle as trustee. and that
she wanted the cash. She said that
when Mr.. Weaver came to her with the
deed she refused to sign II; that she
wanted a receipt for the money she owed
10 defendant and which was TO be llqui-
dated by this sale. She denied also hav-
ing had any conversation with Senator
Ach regarding the land, and said that
when shown the mortgage by Mr.. Weay-
or she told him Il was no good as not |
having either her name OF that OF her
husband.
She denied also having made Mr., Castle +
her trustee ana said that every time d
she had called with reference TO tho
money sim due her size had been told
shat MI. Castle was not IN, and she found
N Impossible 90 see aim, Every time
however Mr. Weaver, who Is IN Mr.
Castles Office, told her that II was all
right and that she would get her money {
FINALLY she s1ii she called "a often that &
Ar Weaver became "sOnfed" and fant 3
lls wife 10 meet hor, hGn said she had
made several demands f1r che money,
aH. umf n writing but had never fo, 4
r.IFfi t until now fhp NaH told that
hH dl nat owe a 90 hsr
MHs Mary 10 Icon daughter ~ Mr.
hHHiHrl. WHt pat un ihr stand aHl re-
HtHi emo HtnB N q Yiaif Hhp hai made
ihr 0fnnr - 81 Dafrr with her
father ana bad heard MN dfWHnd ihu
money hr ramnhl NHa NJ ihe nhea /
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