The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-23
WILL CD
TO JURY
Motion to Instruct
Denied in Peck
Case.
KINNEY FINED
FIFTY DOLLARS
Grand Jury Likely to Report To-
day--Defendants viii Appeal
in Kapiolani Case.

piolani Estate vs.. E. Peck & Co. to
take the case from the jury, and it is
to be submitted this morning
The evidence of plaintiff in rebuttal
was concluded shortly after noon, fol-
lowing which defendants moved that
verdict be directed in their favor. They
sought to have the plaintiffs estopped
! from setting up the deed of Kahoopui-
pui to King Kalakaua on the ground
that the same deed was declared to be
void in the case of Okui VS.. J. A Cum
minis, which was tried in April, 1892,
| before Judge Judd.
| The court overruled the motion hold
ing that the former judgment of the
court had no effect upon the case at
issue
The jury was then excused until this
morning, at which time The case will
be argued and submitted.
| An appeal to the Supreme Court will
| be taken by the defendants in the
event of an adverse finding by the jury,
| on the law points presented in yester
days argument. Until these questions
are passed upon by the Supreme Court
a continuance will be had in the other
| KapioIani Estate cases, against w. r.
| Castle as trustee and L. A Thurston,
the points involved being similar
KINNEY PAYS FOR DELAY
| When court convened yesterday
morning and had disposed of a few
preliminary matters, the Kapiolani case
was called. 1t was then found that w.
a. Kinney, counsel for the plaintiffs,
was absent and his associate, J. L.
| Kaulukou, declined to continue in his
absence. After waiting in vain for the
attorneys appearance, Judge Gear took
| a recess of ten minutes. In the mean
time diligent search had been institute
ed for Mr.. Kinney, but without avail
and strange stories of Kidnapping, etc,
were limited at; particularly when his
associate, Mr.. McClanahan, appeared
and informed the court that Mr.. Kin
ney had started for the judiciary build
ing shortly after nine o'clock, nearly
an hour previous.
Just as court and jurors were begin
ming to despair of his coming Mr.. Kin
ney appeared, still unaware of the
search that had been made for him.
Judge Gear opened court for second
time, and asked for an explanation.
} Mr.. Kinney stated that he had no inten-
ton of delaying the court as he had
expected his associate in the case to
continue He stated that he had been
detained on other business and had no
thought but what the trial was in prog
ress, or of being disrespectful to the
court.
Judge Gear imposed a fine of fifty
dollars, saying that if it were a juror
who had kept them waiting he would
have been compelled to inflict punish
ment, and attorneys should be no less
prompt. as they knew how heavy the
court business is. Mr.. Kinney stated
that he knew his excuse was not a
sufficient one and stood ready to pay
the fine the court had imposed.
THE STEIGMAN ESTATE.
In the matter of the Steigman estate
wherein the father of the deceased had
made objection to the masters report
upon J. A. Magoon's accounting as ad-
ministrator, Mr.. Biting appeared and
stated that they could make no legal
objection to the filing of the report, and
his client would seek redress by an
action against Mr.. Magoon. This is
the case wherein both the father and
mother of the deceased appeared be-
fore Judge Gear at different times, and
} created a scene in open court, by charg-
ing Magoon with fraud in connection
with the administration. The report of
the master exonerated him, but the
heirs are not satisfied with the accounts
as filed.
MURRAY VS. WHITE.
The case of Murray VS.. White occu-
pied the noon session Of the Circuit
Court. Plaintiff claims money from
Hackman White alleged to be due for
repairs to a brake belonging to defend
ant and made over five years ago.
White put in a counterclaim. White
was on the stand the greater part OF
the noon hour, and was both loud and
forcibIe in his denunciation of the con
duct of the plaintiff.
This thing was fixed indelibly in my
mind" said the witness when the plain
tiff attempted to shake his testimony
by a severe cross examination. why
every time get hot. l think of it
.'You mean that every time You
thought of it. you got hot" corrected
the court. The case went over until
! today.
GRAND JURY REPORT.
The Grand Jury is expected to bring
in a report today. 1t has been actively
engaged for over a month and will No
: doubt report a number of indictments,
all the cases in which no true bills
> were found having already been report
ed to the court. The jury may make
some sensational finding relative to
various public places visited. and insti-
tutions investigated.