The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-16
MOTION FOR
NEW TRIAL
DunneMakesSome
Sensational
Charges.
PEARL HARBOR
JURY MISBEhAVED
Juror Kohn a Client Of Hatch and
SiIliman-Tramways Com.
pany is Sued.

Some rather sensational charges are
made in the motion for a new trial
filed yesterday by the plaintiff in the
case OF the United States VS.. the Hon
olulu Plantation Co. The notice and
motion are of great length. covering
perhaps fifty typewriter pages The
summary of the grounds for new
trial are given as follows:
l. Irregularity in the proceedings of
said court and the adverse parties by
which said plaintiff and petitioner was
prevented from having fair trial.
2 Accident and surprise, which ordtn-
airy prudence could not have guarded
against
g. Newly discovered evidence. material
for said plaintiff and petitioner. which 1t
could not with reasonable diligence have
discovered and produced at the trial
T. Insufficiency of the evidence TO JUS
tify said verdict.
5. That said verdict is against the law
6. Errors in law occurring at the trial
and excepted to by said plaintiff and Pc
titioner.
I. Irregularity in the proceedings of
the jury.
S. Misconduct of the jury.
y. Excessive ana uI1ftSiSOiiiDie anu
consistent compensation or damages, at
tenpted TO be awarded by said verdict.
The motion sets out also a large
number of assignment of errors, being
based upon the exceptions taken by
the plaintiff to the rulings of the court
on the admission and refusal to take
evidence. Affidavits by Captain Pond
and by l.. L. McCandless accompany
%u;1 No tat in,
Pond swears to the material facts set
out in the motion itself, alleging mis-
conduct on the part OF the jury. in that
they visited the land without a sworn
officer, and alleging also that the jury
was irregular in that l.. +. Prescott
became ill and his place was filed by
NJ NJ Kohn. 1t is alleged also that the
said Kohn did not visit the site, and
consequently his knowledge of the case
was not the same as that of the other
eleven men.
He attacks the new juror also on
the ground that he was not impartial
and was In fact biased in favor of de-
PENDANT. In this behalf the petitioner
alleges that Hatch & Silliman were at
torneys for said Kohn, and that they
appeared in his behalf in the Circuit
Court in the cast of f. S. Taylor VS..
NJ. NJ. Kohn.
The newly discovered, evidence is
given in the affidavit of Mr.. McCand-
less, who says that he dug the well on
the condemned ground and that at that
time an attempt was being made by a
Chinaman to grow rice upon said land.
but it proved a failure. That on ac-
count of said failure Henry Macfarlane
took possession of the land and also at
tempted to grow rice and taro, but he
was also unsuccessful.
The petitioner also alleges that the
evidence did not sustain a finding OF
damages to exceed $4,000 for the lease
hold interest and that there was nc
showing of any nature as to improve
ments. and that the finding to the
amount of s15,20S was wholly unwar-
ranted and inconsistent with the evil
dence. The motion refers also to the
refusal of the court to allow the In
structions asked by plaintiff.
The hearing of the motion will prob
ably be had Immediately, as the mat
ter must be settled at this term. Yes
terday morning when an order was
asked in the Bishop Estate case Judge
Estee remarked that it must be signed
before the court adjourned sine die. "a
week from next Tuesday we go to
fixed by statute. 1t has been held that
a district court sitting in different To-
| calities of the same circuit cannot be
in session at the same time; that is 1
cannot be nominally holding court here
and actually be in HiIo.''
HAMANO CASE TODAY.
Judge Estee set down for hearing to-
day the appeal of H. Hamano from the
decision of the board of general ap-
praisers of New York This is the case
Involving a ruling by Collector Stack
able upon the entry of Japanese Slip
pers. Mr.. Fftch's application for jury
trial was denied by the court
SUPREME COURT.
In Supreme Court yesterday the case
of Jonathan Shaw VS.. c. w. Booth was
argued and submitted. The case OF
Asiu Brown VS.. Andrew Bannister was
also submitted. This is an appeal from
the verdict of a jury allowing damages
for breach of promise
There are two cases set down for
hearing today; in the matter OF the
viii OF Nalimu Naoiwi and the case or
e. Brown, administrator. vs. the
Equitable Life Assurance Society
SUES THE TRAMwAYS.
George w. Hayselden has brough.
suit against the Hawaiian Tramways
Company for damages in the amount
of $1,000. For cause of complaint ne
alleges that the defendant did on or
about the oath day of December. 1871.
pile certain mounds of earth on King
street. a thoroughfare in the city OIL
Honolulu. in the vicinity OF Victoria
street, and that plaintiff in trave'lns
along the said street on the Zotn uay
of December. being In a buggy IRA"
by a single horse, and while exercising
due care and vigilance, drove his horse
over said mound. and thereupon sac
horse stumbled and fell, greatly inJur-
ing the said horse, and breaking ana
injuring plaintiffs harness, and in con-
sequence plaintiff was thrown violent
" to the ground from said carriage
and greatly Injured; and plainth was
put TO great expense for medical treat
ruerf and for the rsaIeair Of sid or