The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-05
TIE DAY IN
THE COURTS
Supreme Court
Hears More
Arguments.
COFFIELD vs..
TERRITORY CASE
Miner Divorce Case Reduced to
WrangIe Over Attorneys

| The final appearance of the Miner
divorce case in court was made yester-
/ day morning. The case of many COM
/ plications has finally resolved itself in
/ to a wrangle over attorneys fees, the
two principals having settled their diff
| ficulties out of court and become recon-
ciled, but for their little domestic diff
ference they will pay, if the Supreme
Justices affirm the judgment of the
trial court, something like $4,000
| After several back and-forth plays at
motions, discontinuances. appeals, etc,
the case yesterday appeared before the
Supreme Court as entirely pau, except
for the question of attorney and ste
nographer's fees, upon which the re-
spective counsel could not agree The
judge of the trial court allowed the
sum of $4,000 as fees for the attorneys
and allowed the stenographer's tran
script bill for $500. 1t was as to these
amounts that the argument was had
yesterday morning. Both members OF
the firm of Hatch & Silliman, the at
torneys TO whom the big fee had been
allowed, had an emphatic try at max
ing the judgment stand, and ]. A Ma
COON of Magoon & Thompson. attor-
neys for the defendant, did his best to
have the big fee and the stenogra pher' s
bill cut down.
The case was submitted shortly be
fore the noon hour.
MARY a COFFIELD VS.. TERRI
| TORY
! The appealed suit for $4,000 damages
INSTITUTED by Mary A Coffield against
the Territory of Hawaii, came up yes
Iterday for argument before the Supreme
ICourt, Attorney General E. P. Dole de-
Efending for the Territory and Kinney,
fBallou & McCianahan representing the
plaintiff.
II The damages sued for are alleged by
plaintiff to be due her for injuries suS-
tanned as the effect of a fan, the COM
plant alleging that while a culvert OF
the depth of from eight to twelve feet
vas beng constructed last December al
The crossing of Anapuni street. such
calvert was negligently left open. with
out protecting rail guard, and with
out warning or notice of any kind of the
existence of such open culvert such as
was the duty of the Territory of Hawai-
to give; that the Waikiki side of Ana
puni street did, at that time, lead di-
rectly into said open cuiyert or ditch anC
was at the point of crossing without
.
that plaintiff while proceeding on foot
and in the exercise of due care, on De
cember 10, 1900, along the Waikiki side Of
said Anapuni street, did approach ane
step into said open and unguarded cul
vert and was precipitated and did VIC
violently fall to the bottom of said cul
vert. and was by said fail most serious
ily injured"
The injuries of plaintiff are set forth
, as grievous in body and mind and o
such nature that she has been rendered
an invalid for life; it is stated that sh'
remained for thirty minutes at thu
bottom of said culvert before assistance
could reach her, and while suffering
great physical and mental anguish hat
to be carried, in state of absolute help
lessness. for a long distance along tn
= bottom of said culvert before it wa
possible for plaintiff to be lifted out o
it; that she was taken to the Queen
Hospital, where she has remained eye
since, suffering from injuries to her bacl
and limbs by reason of such fall; ant
that whereas she had previously acte'
as trained nurse at the Queens Hospi
tai, she has been rendered physically in
capable of performing the duties o
such position for the rest of her life
that she has been to the expense of $50
for the service of physicians, ETC., ant
that by reason of being incapacitated 70
the pursuit of her profession she ha
lost a monthly salary of $50 and board
in addition to the great nervous sho@l
and anguish of body and mind sustained
The injuries enumerated are estimates
at $685. 600.
The Judgment of the First Circuit
Court was dismissal of the complain
with costs to be paid by plaintiff, wa
appealed on a bill of exceptions
Mr.. Dole based the Territory's defens
upon citations to the effect that a Terri
tory is not liable to action by privat
individual, except upon express Statutor
authorization, and in closing his brie
the Attorney General says: And l haV
not found any decision or authority hint
I ing at a contrary doctrine"
Both sides of the cause were argued a
great length and the case was submitte
to the consideration of the Court late
the afternoon.
| COURT NOTES.
! Return of summons was yesterda
I made by High Sheriff Brown, shown
] service upon the defendant in the cas-
| of Honolulu Stock-yards Company, Lin
I tied, VS.. Samuel Parker, of a summon
I to appear before the First Circuit CquI
! at The May term thereof, on May 6, {
I show cause why the claim of plaintiff IL
I s7a2.ao on a promissory note, togetha
I with interest, costs and attorneys fee
] should not be paid, according to the e
| tition of plaintiff upon his complaint.
I Wade Warren Thayer represents tt
7 plaintiff in the suit.
PROBATE.
I Upon petition of Martha Rocio. the ".
/ of Gi1aldo ]. Rocio was yesterday aC
nitted to probate by order of court, an
! upon filing a bond of $1,000, with Henri
I Holmes as surety, John S. Azevedo wa
yesterday made executor, in accordauC
I with the provision of the will of decea:
ed and letters testamentary issued
him.
The win is under date of January ]
1901 and bequeaths to Maria Rocio, wit
Of the deceased. one-half of all his real
. money including funds held by IT