The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-17
SATURDAYS
COURT NEWS
Three Decisions
In Supreme
Court.
JURY DISAGREE
IN "TOMY'S" SUIT
Humphreys Dismisses McCandIess
and Cooper Cases and Turns
Over Gill Case.

The Japanese breach of promise case
which had been on trial for several
days, went to the jury at 1870 p. m.
Saturday. At $3.50 the jurors present.
ed themselves before Judge Gear, and
Foreman Crabbe stated that after FIVE
ballots the jury were unable to agree,
and as the ballot still stood seven to
FIVE that there was little hope Of an
agreement. The court remarked that
while two hours was short time upon
which to dismiss a jury as disagreed,
seemed a hardship TO keep the twelve
men locked up over Sunday, especial
~ when there was horse racing and
private business TO be attended to. The
court would leave it to the counsel as
to whether the jury should be dismiss
did not object and Mr. Robertson, for
the defendant thought seven to five an
awkward ballot, so far as promising
an agreement Judge Gear therefore
discharged the jury and ordered mis-
trial entered. He then thanked the
until this morning.
COURT NOTES
In the respective matters of Henry E.
Cooper and ]. A McCandiess, Judge
Humphreys filed decisions on Saturday.
the ruling being to let the rule to show
cause be dismissed.
The case of the Territory VS.. Edwin s.
Gill was assigned by he First Judge to
| Judge Gear and Charles B. Dyke was
appointed trustee for Kalaokamoku X.
Kapo for the purpose OF drawing s2s.6s
| from the Hawaiian Postal Savings Bank
in accordance with his petition fled.
SUPREME COURT DECISIONS.
| The Supreme Court rendered three de-
| cisions Saturday in cases handed down
| from the March term. New trials are
ordered in two of the cases and in the
other the decision of the trial court is
sustained. All three cases were appealed
| from the Fourth Circuit, at Hilo.
| GILLESPIE VS.. MBRYDE.
| In the suit for damages resulting from
breach of contract, brought by Robert
Gillespie VS. Robert McBryde, the deci-
sion of Judge Little for the plaintiff is
sustained by the unanimous opinion OF
the Supreme Court, the opinion being
written by Justice Galbralth, all the ex-
tceptions being overruled. The syllabus of
Justice GaIbraithS opinion is as follows:
Objections to the charge of the court
| to the jury must be taken promptly and
before the jury retire, and preserved in
a bill of exceptions in order to present
| the same to appellate court for review.
Errors complained of must be clearly set
forth in bill of exceptions and appeal
-
and the opinion concludes
| From the examination of the excerpts
of the testimony contained in the bill OF
| exceptions. it does not appear that any
| of the rulings complained of We're erro-
neous prejudicial to- the defendant.
The testimony objected to seems to have
been competent and relevant and tending
| to support the issue made by the plead
ings. The exceptions are overruled.''
| Smith & Parsons were attorneys for
plaintiff in this case and Wise & Nickeus
for the defendant.
NEW TRIAL ORDERED.
| The case of Chas. NJ. LIE Blonde VS.. Sol
ONION Konia, guardian of Kumuhonua,
was an action by the assignee of claim
of one Ane Paikalani against the guar
dian, claiming for the care and support
of the minor $1,000, and was appealed on
1 l..
The defense was that Ane Paikalani had
undertaken to raise the minor as if he
were her own child, without making
charge for care or support, and that she
! had been forced by her husband to insti-
tute the suit. The evidence brought in
support of this defense was objected ito
| by plaintiff and his exceptions We're s1s-
| tanned by the court A verdict for $3.50
on the claim was returned by the jury.
| The Supreme Court set aside the YER
dict and judgment and orders new
trial. The syllabus reads:
"One who gratuitously. takes child to
! treat and maintain as a child cannot re-
| cover compensation therefor from the
child's guardian until after notice to the
guardian that further maintenance of
| the child will not be gratuitous
| The guardian may properly show by
way of defense that the maintenance of
the child was gratuitous. He is not re-
| quired to prove a contract that there
should be no charge for the maintenance.
Under the circumstances a new trial is
granted, though much Of the evidence
that was held inadmissible had been in
| troduced and was not stricken OUT
The opinion concludes: ut was compe-
| tent for the. defendant to show, if he
Icould, that the care and maintenance of
the ward were furnished gratuitously,
and there was prejudicial error in not
permitting him to do SO. The verdict and
judgment are set aside and a new trial is
| ordered
Counsel for plaintiff were J. w. Cath
cart and Thos. g. Ridgway and for de-
PENDANT were Wise & Nickeus
ERICKSON VS.. VOLCANO STABLES
In the action OF Isaac Erickson against
the Volcano Stab les & Transportation Co.
the decision is also for a new trial The
suit was for 1887 rs as balance due on a
wrften contract for construction of
buildings. Justice Galbraith writes the
opinion. The court ruled out proof OF
| debt due because 1t was related to a
separate transaction from that concern
ed In the suit The ruling of the SUI
preme Court for a new trial is based on
the following syllabus of the opinion:
A contract debt due the defendant
from the plaintiff arising out of a trans.
faction inlpnpHdaDf of hot