The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-15
HAGEY CASE
At An END
Harrison is Given
Verdict for
$4,000.

FS@$ " We
The long and hotly contested Hagey
cure case came TO an end yesterday
afternoon when Judge Gear overruled
the motion of the defendants to have
Juror Fernandez withdrawn, and order
ed the verdict which was for Harrison
opened 1t read as follows;
1--WE, the jury in the above entitled
cause. find for the plaintiff in the sum
of $1,000, with interest at six per centum
per annum from March IT, 1895 to date,
against all the defendants.
HENRY z. AUSTIN,
Foreman"
The verdict was read only after d
hard fought day of argument and
testimony in which Attorney Robertson
came out victorious. In finding YER
| dict against all the defendants the
judgment is shifted in a large measure
from the shoulders of L. C. Ables, the
other defendants having at one time
| made an effort to have the case dis
missed against all of them but Ables,
without success.
The fight over the opening of the YER
dict began early yesterday morning
just as Judge Gear was about to pass
upon the motion, by Attorney Robert
son rising hurriedly to his feet with an
objection, HIS stated that he wished
l .
made to the effect that Ables and Ma
coon were unaware of the fact that
Fernandez had taken the gold cure
He said that he had since received in
formation that both Ables and Magoon
knew of that fact all the time,
and asked that he be allowed to intro
duce evidence in proof of it.
| Ables was then put on the stand and
asked if it was not true that he had
been a director in the Hagey Cure Co
He replied that he had never held such
office within his knowledge though he
might perhaps have done so and not
been notified of it. Robertson then in
| troduced papers to prove that Ables
had signed an application for a charter
| for the company as auditor.
| Magoon was next called, and he also
denied any official connection with the
company, and also that he had ever
| been treasurer of the company. The
court remarked that the directors evil
IDENTIFY had not been very careful in the
conduct of their business. as no one ap-
Ipeared TO know anything at all about
Its affairs. Magoon was asked to brins
his books into court, showing the re
I
ed that they were among some rubbish
at his house. A. V. Gear, also a direc
| tor, testified that Magoon had been
treasurer of the company and AbleS
was auditor, and he was positive that
Fernandez had taken the cure. He die
! not know whether Magoon had been
aware of this or not, but was under
the impression that ne was informed,
along with the remaining directors.
| When court was reconvened at 1:30
Eo'clock Attorney Robertson made re-
quest for the books. which Magoon
stated he had not brought along, as he
did not know they were wanted. He
offered to take a hack and get then.
right away, and asked Robertson to ac-
company him The latter declined with
such vehemence as to cause the jury
to burst out in unrestrained laughter.
| In the meantime the defendants put in
more evidence to show that even If Ma
COON and Ables did not know that V.
| Fernandez had taken cure this was not
an indication that it was the same V.
Fernandez now on the jury For that
purpose ne put on ]. NJ. Vivas, who tes-
| tilted that he knew two other Victor
Fernandezes" in this city, and there
might be more This statement was
shown to be literally true by the devel-
lOpments of the next few minutes, when
gentlemen of that name seemed to be al
most as thick about the court room as
mosquitoes. Attorney McClanahan had
tsubpoenaed one Victor Fernandez, and a
different man. though OF the same name.
appeared. He was just as acceptable
however, as the right man. and he testi-
fled that he was acquainted with two
other men of his name, besides the man
on the jury. None of them had taken
the gold cure, he stated upon cross-ex-
lamination.
Then the other Y Fernandez who had
been summoned by MeClanahan made
his appearance, and he knew three more
men of the same name, not counting Vic
tor Fernandez of Hagey cure fame He
sm:Iiugly denied having taken the gold
Icure, though he admitted that he was not
sion demanded.
BY this time Magoon had returned with
the books, and went on the stand Few
additional facts were adduced. The at
torneys then argued the whole matter
Iaca:n. and at the conclusion. Judge Gear
in a lengthy opinion overruled the motion
of defendants TO withdraw Victor Fer
nandez from the jury In giving this
opinion he stated that it was only in ex-
f2, 4
be done. and he did not believe the facts
in this ease warranted such acton. He
stated that there were two liquor men on
the jury, and they were likely to be Just
as much prejudieed one way or the other
as Fernandez. The court stated further
that he had no doubt that the Supreme
! Court would take great pleasure III over
ruling him if they had the slightest oc-
casion. but he did not believe he was
in, ~, nd no