The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-16
MOTION FOR
4 NON-SUIT
Ask for Dismissal!
OF Marconi
Suit.
GEAR TALKS ABOUT
MASTERS FEES.
Allows 500 10 Loucks in Bishop
Museum Case and Saws It
Allows 500 10 Loucks in Bishop
Museum Case and Says 1t
Is Not Excessive.

-
terday in the case of Marconi's Wire
less Telegraph Company VS.. F. j
Cross, following which the defendan,
moved for non suit The motion was
argued by F. w. Milverton for the de-
PENDANT, but the reply of E. B. McCIan.
ahan will not be made until this
morning. The plaintiffs case consisted
entirely of the reading of dispositions
taken in Honolulu and London. there
being also the reading of the CORE
spondence leading up to the present
suit. 1t was shown during this presen-
tation of evidence that at one time
Marconi intended to take possession of
the Hawaiian system and operate it
through the London company. This
was shown by the following cablegram
introduced into evidence: Andrew
Gray: Our contract is not with the
Inter-Isiand Telegraph Company, but
with Cross. If Cross, after due notice
of completion, is unable to meet his
engagements, then stay on; consult
lawyer as to our working commercial
ly." This cablegram was from London
and was directed to Gray, the expert
sent here to install the system.
The motion for non-suit was based
upon the alleged non-performance of
contract. 1t was claimed that the con-
tract made by Cross was with the
Wireless Telegraph and Signal Com
pany, and not with Marconis Wireless
Telegraph Company, the plaintiff in
the present action, and that no trans
fer of the rights had been shown. 1t
was also argued that the contract with
Cross had afterwards been assigned to
the Inter-Island Telegraph Company,
which assignment had been accepted
by the London corporation.
As to the failure to perform the con-
tract, it was contended by defendant
that the system had not been placed in
good working order, and that Marconi
had not furnished duplicate instru-
ments of installation as specified under
the original contract. A further
omission cited was the cutting out of
the Island of Kauai, which should have
been connected with the wireless sys-
tenn. Only the islands of Molokai,
Hawaii, Oahu and Lanai were con-
nected by wireless, and this, it is al
legged, constituted breach of contract.
1t was contended, also, that Gross had
never agreed or consented to any
change of the original plans, or ex-
ecuted waiver of the contract.
The jury was excused during Mr..
argument, but is required
to appear again this morning
The suit is for $500 alleged 10 be
due as the remaining half of the price
agreed upon for the installation of the
system, and the further sum of $500
as the first years royalty, which was
to have been paid in advance. The
suit dates from 1899, but there has been
no claim thus far for additional royal
ties, the defendant claiming to be oper-
ating under his own system.
There is no deposition from Marconi
in the trial, though numerous refer
ences are made to the inventor and
his opinion regarding the failure of the
local system. In several letters he is
quoted as expressing the utmost con-
fidence in his invention, and saying
that that the system must" be made
to work One of the experts who was
sent here is impressed with this in a
letter marked confidential" and is
given a promise of better things with
the company if he succeeds. The letter
shows he was to receive e5, sterling,
ling, per week for his work in Hawaii,
together with his expenses.
GEAR ON FEES.
Judge Gear, in approving several
masters reports submitted to him yes
terday, took occasion to express his
opinion as to what fees should be al
lowed generally. The matter came UP
in the report made by F. H. Loucks
Gears clerk as master to examine
The accounts of the Bishop Museum
trustees. Judge Stanley appeared on
behalf of the trustees and suggested
that a fee of between $50 and 800
would be ample in the matter. He
stated that there was no legal question
involved, and that the work performed
was merely clerical. Judge Gear stated
that the accounts were intricate and
and had required cosid-
cradle work on the part of the master
He said he had examined previous
accounts of the Bishop Museum and
found that George Lucas had been al
owed 5000 and F. E. Thompson S275
'or reporting on the same matter. Mr..
Stanley replied that the fees were ex-
,essive in those instances. Judge
Gear fixed the amount Of the fee at
800 saving that in the future he
would be guided by allowances made
n the past. A. L. C. Atkinson, for re-
porting upon the H. A. P. Carter estate,
was allowed a fee of SIS, legal ques-
ions also being covered in his report.