The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-31
HAD To co
TO TRIAL
Brown and Ma
coon Quarrel
In Court.
CHINESE GETS
$500 DAMAGES
Man Is Arrested to Prevent Ieav-
ing Country With Accounts
Unsettled.

The jury in the case OF Chez Kit VS.
Lee Lung returned a verdict yesterday
| in faYer OF the defendant to the
| amount of $780, The action was fol
tiff claimed TO have sustained by rea-
son OF an assault upon him by defend
ant.
| BROWN AND MAGOON MIX UP.
| Cecil Brown and J. Alfred Magoon
were the central figures in a little
scrimmage that enlivened an ordinarily
dun session of Judge Humphreys court
yesterday. The trouble came about in
the ejectment suit of John Kakeiki VS..
| Maleiieiina which was called UP yes
terday, but in which the defendant. for
whom Mr.. Brown appeared. was not
ready, nor in court. Mr.. Brown asked
defendant could not be reached in time
for the trial, and that none OF the wit
nesses had been summoned; one was i'll
on Molokai, another dead, and a third
paralyzed. He suggested that in view
of the untowaTd circumstances he WAS
entitled to further time. Mr.. Magoon
objected to a continuance. saying that
defendant had been given all the time
necessary to secure witnesses, and he
did not intend to waive any of his
legal rights.
Judge Humphreys denied the motion
for the continuance, and ordered Mr..
Brown to proceed to trial, in the alb
sence Of defendant and witnesses.
began in earnest. Mr.. Magoon opened
the case for plaintiff, and he had not
proceeded far before he stepped over
to where Mr. Brown was sitting ard at
tempted to pick up paper lying there.
Mr.. Brown placed his hand upon il and
refused to let Magoon take it. The
latter protested to the Court that the
paper, a royal patent, was part of the
record, having been introduced in a
former trial of the case Mr.. Brown
stated that the deed was the property
OF defendant and not in evidence, and
no showing had been made that it
should be placed In evidence. Magoon
then offered to put Brown in the wit
ness chair to prove possession of the
paper, but the attorney claimed ex-
emption as counsel for the defendant
Judge Humphreys denied the plea and
Brown went on the stand, where he adj
mitted having possession OF the deed
will y0u produce it?" asked Ma
COON.
Il must decline to do so, unless the
Court orders it."
Judge Humphreys ordered it produce |
ed, and then IagoOn asked Brown:
do you want it read?"
Conduct your own case to suit your |
self" replied he. 81 am not your coun- |
sell"
There were other lively discussions
between attorneys, one on the adnis- |
sion of the evidence of a witness at the |
first trial. since deceased. AIagoon |
wanted Ex-Court Stenographer Case
put on the stand to read the testimony /
of the witness, and Brown objected on
the ground that the statute provided /
how dead mans words could be put
in evidence, but not at second hand.
The Court ruled that the evidence must
be excluded unless the interpreter could
remember what had been said TO him
at the trial, the stenographer's record
being but secondary evidence.
WRIT IS ISSUED.
Judge Robinson yesterday granted a
writ Of ne exeat in the case of It. Ahung
vs.. Chang Lee Yum ct al, and Lee Yum
was arrested in the afternoon TO pre-
vent his leaving on the Nippon Maru.
This is a very unusual proceeding, and
the writ has been rarely invoked in the
OF late years such a restrain
ing order has never been issued. and
very few attorneys remember that il
had ever been granted.
COURT NOTES.
Suit will be brought by Magoon &
Peters 10 compel j. NJ. Riggs. clerk of
lie fire court, TO issue a certificate for
heir fire claims Mandamus will be
asked and the matter thus brought be-
'ore the Circuit Court.
Two changes IN court clerkships viii
De made very soon A. G. Kaulukou
viii probably serve his last day today
ls Judge Gears clerk. and be succeed
"a by F. H. Loucks. Miss Widdifeld is
ilso soon to leave, probably at the end