The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-18

Of
ing part juror prejudice against
this brought the
the trial continued verdict without
objection Held. diligence
basis
motion trial. that by silence and inacon waived
such right, existed
OPINION OF THE COURT BY GALBRAITH j.
Action of assmpsit upon policies of
for loss of plaintiffs dwelling and destroyed by
fire Honolulu Island of OAHU the 7h day of November
1898 Both policies issued by the defendant jointly with
the English American underwriters The insured plain
@ residence in the of $780, and his carriage house for
$780, against loss by fire for the of three years from the
18th day of April $685. and the other insured the of
the residence the of $4,000 for the period
the 7h day of May 1898 Each policy contained provision
that of loss and the same action might be brought
against either of hem and by order of the the
suits consolidated and tried action but separate
verdcts were rendered.
The defendant in its aveed the allegations of the
petition and gave notice that fraud relied of the
defenses to the action The cause tried to jury and
diets returned against the defendant on policy covering the
house for the full claimed $780, that
ing the for $780, with interest from the date the
demands accrued.
The defendant here exceptions alleging sxtynne
separate and distinct of the trial The greater
the admission and exclusion of evidence offered Several of the
exceptions abandoned the oral argumnt still
think that this will be expected take up each of the
numerous exceptions and pass upon them separately especially
when they can be grouped under heads and the principles p
piled. We inclined follow the division made in the
defendants brief In consideration of the
FIRST 1t IS conended that the defendant denied the
latitude to which 1t entitled in endeavorng prove fraud
and that it also denied the right of asking
nation questions intending mpeach the witness test
the veracity, memory credby of Witness The trans
crpt of the testimony in the 3ss typewriter pages
The direct and redirect the plaintiff extended
IS pages of this record while cross and ecross exam
nation 140 pages The direct redirect examination
OF Mrs Merrcourt II pages while
examination extends 90 pages these facts is a
parent that the defendant allowed considerable latitude in
its search for fraud Under the law the latitude allowed to
counsel in the examination of witnesses is left largely to the
discretion of the trial and the appellate not in
cned to Judgment this ground unless the dscr
ton has been clearly abused.
The Supreme Court of the Republic of Hawaii announced
the rule this subject in the case of Booth Recu
II Haw 521 follows Latitude allowed by the court as
10 the extent OF largely discretion
snouo not be the subject of reversal unless clearly preudca
10 the complaining party and the connection quote
with approval from Enc P & Pr 10, the following state
ment: The appellate will interfere unless the dsce
ton is oppressvely abusedn
After reading the volumnous transcript careful con
sderaon of the exceptions included under this head we are
not prepared to say that the trial abused the discretion
vested in it the latitude given counsel for defendant in the
search for fraud much less willing to declare that this
discretion oppressey abused Although we do find that
the trial judge clearly in the rulings on