The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-15
DIslGREEIHG JURY
STAYS IN I'LL hight
Hitchcock's Trespass
Case Against the
Tramways Co.
FOR INJURIES FROM A col ISl0R
FOR INJURIES FROM 4 COLLISION
JURY IN MACON VS.. MARKS re.
VERSES THE VERDICT OF
FORMER Jury.
Andrews Wants coelho's Libel Suit
Observation-Disclosures Cases Dis
eOntinued-savinss Bank Deposit
Discoveries.

H r Hitchcock VS. Hawaiian
Tramways Co. uespass claiming s5,-
600 damages for injury in person and
property, was tried before Judge Hum
phreys yesterday afternoon. Geo. a.
Davis and Robertson & Wilder for
plaintiff; P. Neumann and J. I. De
Bolt for defendant The jury retired
TO consider their verdict at $50, being
constituted as follows: Herman Meek,
VIM. B. Jones, Chas. S. Hall, Albert E.
Lloyd, Robert k Pahau, VIM. NJ. Gun
bingham, Jno. Markham, NJ. a. Con
salves, Jas. l. Aholo, Jas. E Fuller
ton, VIM. H. LYLE and A. NJ. Mellis.
Plaintiff tried to drive past one Of de-
PENDANTS omnibuses on King street in
May, 1899, when the omnibus swerved
upon the wrong side of the road
against plaintiffs carriage. Hitchcock
was thrown out and stunned and his
outfit injured TO the extent of requir-
ing 500 worth of repairs. He him
self was put in the hands of a doctor
for some time and has suffered weak
ness of the back since in consequence
nibus looked round long enough to
see Hitchcock lying on the ground,
then took on brakes and whipped his
horses away.
The jury reported at $3.50 that they
could not agree. Judge Humphreys
ordered them locked up for the night
and adjourned court until 10 o'clock
this morning. The bailif was author
lied TO procure meals for the jury
from the Hawaiian Hotel.
Amended complaints were filed by
Philip L. Weaver for plaintiff, before
Judge Humphreys, in Samuel Andrews
vs. Wahinenui and Samuel Andrews
VS.. Kaihena. They are ejectment suits
with $500 damages claimed in each
case.
Philip l. Weaver filed a discontin-
uance in each of the cases of Wing
Wo Tai Co. VS.. Royal and VS.. Alliance
insurance companies.
Judge Edings heard the old cause
of j. A. Magoon VS.. Louis Marks yes
terday, the jury finding a verdict for
the plaintiff in the sum of 500. Ma.
COON & Thompson for plaintiff; Geo.
A. Davis for defendant. The jury
were: W. H. McInerny, Geo. A. How
ard, Jr., Solomon d. Koki, Horatio G.
Crabbe, Ernest a. Ross, Hugh II.
Walker, VIM. B. Rice, David F. Thrum,
Ward S. Bartlett, E. c. Holstein, So
lomon Peck and Walter A. Hardy.
Judgment was given for plaintiff
/ for 500 and costs, aggregating S113.40,
| in the Honolulu District Court on Ap-
riI %, 1898, or a little more than three
years ago. The claim arose out Of
a payment of S100 made 10 Ed. A. Will
liams, undertaken, on account of the
funeral of Captain a. G. S. Halves,
| British Commissioner. Marks receiy-
ed this amount and credited it to VIII
liams. whose estate he had been wind
ing I'D under foreclosure proceedings.
The claim for the 500 had been en-
dorsed by Williams as payable to Ma
COON. but Henry Davis while in charge
of Marks Office in his absence paid
the amount in gold coin to Williams.
On appeal to the Circuit Court q
Jury before Judge Stanley, by direc
ton of the Court, on November IL
1898, found verdict for the defendant
The Supreme Court granted new
trial, which took place yesterday witt
the result stated.
Andrews, Peters & Andrade fol
plaintiff, before Judge Edings, filed
| motion for continuance of the libe
suit of William ]. Coelho VS.. Rober
Grieve Publishing Co., Ltd. 1t is bas
ed on an affidavit of Lorrin Andrew
saving that plaintiff is in Buffalo, n
Y, and his counsel cannot safely pro
coed to trial in his absence, he being
the only witness who can testify Z
all the facts.
Andrews, Peters & Andrade 70
plaintiff have fled a discontinuanc
of Leo Lawton vs. Chas- Chilling
worth
Robert W. Cathcart, executor of tn
estate of James Dodd. petitions TO
confirmation of the sale of the beacl
leasehold. L C. Ables. purchaser a
auction, has paid the executor 1885,
| the amount of his bid, and the e.
penses of sale amounted TO $3.50.
By stipulation of Philip L. Weaver
attorney for plaintiff. and Kinney, Ba
lou & MeClanahan, attorneys for dc
PENDANTS, the following cases may
continued TO the August term: Mos:
man vs. Macfarlane ct al; Mossma
vs. S. NJ Damon ct al. trustees; Mos:
man VS.. Judd ct al. and Mossman v:
S. 3. Dole ct al, trustees.
The assumpsit suit OF Ozaki Sholte
against Union Insurance Co. has bee
discontinued by Kinney, Ballou & NJ
Clanahan. attorneys for plaintiffs
William o. Smith petitions thai
be appointed administrator de boni
non of the estate of the late George I
Richardson of Wailuku- This is 70
the purpose Of Withdrawing from III
Postal Savings Bank. now being liqu
dated q deposit the deceased made g
trustee for Keliaa which now amount
to S5e9. so Petitioner was discharge
as executor of Richardson's viii
, 1895 and the discovery OF this ban
deposit has been made since