The Hawaiian gazette., 1902-01-28
WILL GET A
NEW TRIAL
Pearl Harbor Case
Must Be Tried
Again.

Unless the Honolulu Plantation Co.
agrees to accept a cut of $50 900 from
the verdict awarded it by a jury IN the
Pearl Harbor case, Judge Estee will
grant a new trial. The ruling was
made in federal court Saturday and the
defendant Is given three days to agree
to the terms proposed by the court. 1t
Is not thought probable, however. that
the Honolulu Plantation will accept n
reduction to $4,000 for their leasehold
interest in the Bishop Estate lands.
The court in granting the conditional
new trial reviewed at some length the
evidence offered, stating that the testi-
mony of Archer and Herbert was dis
interested, while that of the defendant
Low lis glaringly and curiously incon-
sistent."
The court In his ruling stated that
he was guided largely by the testimony
OF Low and by the tax returns and the
price paid for the lease from the Dow
sett estate. He referred to the testi-
mony of the plantation managers as
much exaggerated, and far in excess
of any real value shown.
In concluding the court said:
Neither the jury nor the court Is
bound by the opinions Of expert wit
nesses unless they are in harmony
with the weight of the testimony; but
may consider them in connection with
all the other facts in evidence.
In view of all the circumstances. a
new trial might possibly be properly
had. AS has been before stated. upon
the rendition of the verdict in the case
a demand for a new trial was made by
both counsel for plaintiff and defend
ant neither Of whom was satisfied with
the verdict of the jury.
However, upon a careful considera-
tion of the reasons advanced both for
and against the motion made by the
plaintiff, and after a lengthy examina-
ton OF the whole of the record includ-
ing the testimony offered on behalf of
both parties and of the able briefs filed
herein, l am Of the opinion that the |
amount Of the verdict rendered by the |
jury Is excessive and not in conformity |
with the weight of the evidence. This
court would not interpose its Judgment |
In opposition to that Of the jury by ex-
pressing an amount which in its opin-
ION would be just compensation for
the property of the defendant. But If
the jury had returned a verdict in any
not to exceed $4,000, this court
would nave allowed judgment to have
been entered in accordance Herewith.
1t Is therefore the Judgment -of the
court that II the defendant RENTS from
the verdict rendered in it's favor $50 900,
leaving the sum of 5000 as full com
pensation for its damages Of every
kind and character in this case. then 7
the motion made by the plaintiff for
new trial will be denied. This election
must be made by the defendant within
.hree days from the date hereof by the
fling with the clerk of this court a
written consent to the modification of
he verdict in that particular and the
'ntry of a judgment in accordance
herewith. Otherwise a new trial will
'e granted"
THE BEER FIGHT.
The evidence in the case of Macfar-
ane & Co ct al. vs.. w. II. Wright.
reasurer. was concluded in Federal
purt Saturday afternoon. Briefs will
e submitted and there will be no oral
rguments. The case came near fall
ng through at the opening of court
ecause OF the inability of plaintiffs to
how an individual damage of more
nan $1,000. The court refused to allow
he questic"T as submitted. but finally
AIRY Dee "aH" TO answer n Dues
on withcG, prutg-.. and stated that
Is loss for the past six months be-
ause or these cheap licenses was about n
1000. The profits in beer are enormous IL
ccording to the testimony adduced n
uring the trial.
What do you receive on each barrel 81
beer?' asked Judge Siliman. d
'Forty-five dollars" replied Dee.
What does each barrel cost you?" m
1T costs $3.50 on the mainland. or 81
O.5O here at Honolulu" n,
Dee admitted that he sold his beer as
'r twelve and half cents a glass.
nile Primo beer cost but ten cents. .,
would mean a further loss of nine ~,
'iars barrel If he sold as cheap as IN
e home-brewed beer, he said. -
Mr.. Peacock and Mr.. Lishman of
acfarlane a. 90. and the remaining
were on the stand during the
ternoon and all related the story of
cir losses since the brewing of Primo
er began