The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-08
FIRST TRIAL
THIS TERM
Peterson Is Given Dam
ages of Ten
Dollars.

The first jury trial of the special
J,,,v tarm was heard and determined
before Judge Humphreys yesterday al
ternoon. This was suit for damages
for alleged malicious prosecution en-
titled w. i. Peterson VS.. F. Paeheco'
in which the jury gave the plaintiH
$40 for his injured reputation
According TO the testimony Pacheco
was mixed up in a saloon Draw III
which he claims to have been attacked
by a number of young men, one VI
whom bit him. He thought he recog-
nized Peterson in the crowd and caus-
cd his arrest on charge of assault
and battery, but later discovering that
he had made a mistake the prosecution
vas dismissed. Peterson. after yainS
Alternating to secure satisfaction from
Pacheco brought suit against him for
s2ooo for false arrest and injury TO his
rAn,,ta ton. He admitted being in the
saloon but it was after the fight hau
occurred. Paeheco was the only VII
ness in his own behalf at the trial yes
terdav admitting that he had caused
the plaintiffs arrest, but only because
he thought he had been Implicated III
| the assault The evidence was prie1
| and was all IA before O'Clock Inc
! Jury was instructed shortly afterwards
| and was out less than an hour. A 1T
! tie before 6 o'clock, no agreement hav7
ing been reached, the jury was m
sfructed by Judge Humphreys that IN
loss verdict was reached within hVe
minutes he would go to supper, ana IL
| took the jury but a little time to agree
after that The verdict was signed by
| w e Fisher and awarded w, l.. re
terson the sum OF $40 for the injury
| caused to his reputation by false ar
rest.
MCINTYRE VS.. NAKUINA.
7 A. Magoon enjoyed short-lived
/ triumph yesterday morning in the case
of Agnes Mcintyre VS.. E. NJ. Nakulha'
/ a suit in which large amount OF prop
ertv is involved When the case was
/ called up the appeal bond was not
/ with the papers and could not be 1ound.
Upon motion of Magoon Judge
| Humphreys dismissed the appear, re-
fusing to grant time TO search the rec
ord. Shortly afterwards Clerk Lucas
| discovered the missing document ana
4 Attorney Andrews triumphantly ap-
Il Judge Humphreys reinstated the ap-
/ neal. In this case Judge Humphreys
II has been interested as an attorney, bu'
1 both Magoon and Andrews waived thf
II disqualified ton and he viii hear th'
matter this morning
IL COURT NOTES.
A return was made yesterday ia The
divorce libel of Willemina Proper vs.
Anton j. Proper, saying that the de
PENDANT could not be found. Proper i
said to be in British Columbia.
Motion TO produce letters has oeel
filed in the case OF Henry Smith VS.
Mary A. S. Rose ct al.
The motion to dissolve the injunction
| in the case of Koolou Kaikainahaole vs.
Z s. c. Allen was sustained yesterday b,
] Judge Humphreys. The firm of Kin
! ney, BaIlou & McClanahan was allowe'
= a fee OF $50.
: The demurrer in the case of William
Lono Austin VS.. r. W. Holt ct al wa
overruled by Judge Robinson ytsterda
and r. w. Holt was allowed ten DAY
in which to file an answer.
In the case of Elizabeth Comes v:
John Comes, divorce, Judge Robinso
ordered the libeIlee to pay the casts
the proceeding and an attorneys fe
of .s25 Alimony was waived, there De
4 ing a prospect of reconciliation be
4 tween the parties TO the suit
4 Judge Robinson yesterday ordere
- Annie KentweH, as guardian of Eilz
9 Holt. to file an inventory within tie
II days.