The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-28
.KAMALO IS
ON AGAIN
Hearing of Further
Testimony Has
Begun.
MOTIONS ARE
OVERRULED
Humphreys Refuses Defendants
Requests for Dismissal-Trial
Continues This Morning.

The Kamalo Sugar Company ease
Judge Humphreys Immediately upon
the opening of court. Respondents tried
in every way to delay or to have the
case thrown out OF court, but these
motions by F. W. Hankey for respond
ents, were overruled by Judge Hum
phreys as fast as presented, and often
before the complainants were given an
additional evidence was offered by the
plaintiffs, and upon the refusal of the
court to otherwise dispose OF the case
the respondents began the introduction
of further testimony. Their principal
aim appeared to be that the complain
ing stockholders had been aware of the
fact that the respondents intended to
charge promoters fees, and though
the compliments admitted that in
any intention on the part of defendants
to take cash as well as stock for their
promotion of the project.
AS soon as the case was called up
for hearing. Mr.. Hankey moved that
the amendment to the complaint be
stricken from the files on the ground
that it had been filed after the. case
isdiction to allow an amendment after
the matter had been adjudicated. Mr..
Magoon arose to object, but said that
he did not understand the motion of
respondents. Judge Humphreys re-
marked that it was plain enough to
him, and forthwith denied the motion.
Mr.. Hankey then moved that the
compliments be required to present
the entire evidence again, as the Su-
preme Court had reversed the lower
court, and this consequently was a new
trial McCants Stewart, in reply. quot
ed from the Supreme Court decision
ordering the taking of additional evil
dence, and the court overruied this mo-
ton also.
Mr. Hankey next moved that the
amendment be dismissed on the ground
that it presented an entirely new is
sue, but this motion was treated in the
same manner by the court
The compliments here announced
that they had no testimony to present
Mr.. Holmes, as general attorney for
the Bishop Estate, was then put upon
the stand to show that demand had
been made by the Bishop Estate upon
Hustace, Egan and Foster for the rents
due from the lease of the Kamalo
lands, which stood in their names. TINS
question was objected to. and the testi-
mony was not allowed.
H L. Hitchcock was called by re-
spondents, but was not in court. and
Mr. Robertson for respondents asked
for an order compelling the attendance
of all the compliments. This the
court also denied.
L. H Dee was next called and ques-
toned at length upon the transaction
leading up to his purchase OF kamaio
stock He stated that he made mas
purchases through the representations
of Frank Foster, and with the knowi-
edge that Frank Hustace was to De at
the head of the company He told also
of a deal between Cohen and D1liInS-
ham. by which the latter was TO re-
ceiye $4,000 if he succeeded In having
Foster turn over his options TO D1i-
lingham Foster was to have received
500. 600 in paid-up stock and slo,ooo IN
cash. but for some reason this deai
did not go through. Dee said that IL
it had been carried out he would not
have invested any money in the stoch'
but on the other hand he had conh-
dence in Hustace. and 1t was because
a.. mar
bought the stock.
Dee admitted that the respondents
were to get something for promoting
the company, but did not know now
much He knew. however. that they
were to be given no cash, and he dfd
not learn what the fee was to be I'M
til the prospectus was issued
E A. Mott-Smith was called in the
afternoon to testify as to the demand
for rents made upon Hustace, Egan
and Foster but was not allowed TO
give his evidence. Mr.. Dee was next
recalled 10 fix the dates upon which
he had received his stock.
II. r. Hitchcock another Of the COM
claimants, was then called TO testify
of his connection with the matter, and
how he came to buy the stock he heio-
He said that he had purchased II from
Egan and Foster, and while he UNDER
stood that they were promoting the
company in a way, he knew nothlns
of the fees they were TO receive ior
their work in that connection SeVeral
other of the compliments were called
and testified TO the same general state
Of facts.
H. r. Hustace, one of the defend
ants. was called and occupied the stand
for the greater part of the afternoon
He told of his acquisition of options
upon the Kamalo lands, and the plans