The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-28
A DAY OF SEASA T|OH IN
COURT
,continued from Page ID

trial. There was another cash entr.
OF 1884 at the same time against he
deposit
Z. o. White. recalled. said that n
had deposited $500 OF the money re
ceived to the credit of Mrs. Higgins
II got $500" he said, "and every Other
cent went to Ashley & Paris for paying
ris. he said, was not clear to his mind
| He had received in addition to the
1880. $500 previously This was not a
( commission upon the loan. but upon
. the sale OF the McCully tract TO Paris
for $4,000. being five per cent on the
whole He had received also a fee OF
$500 per year as Mrs Higgins agent.
The total amount received by him was
$1,000 on the entire transaction from
Paris. who paid $500 due from him as
assessments on waialua stock. Witness
said in response to a question from the
court as to why he had not mentioned
the $500. that IL he had been asked the
question wednesday he would have told
the same thing.
II think IL did my full duty in the
matter would commit you to the next
grand jury to answer a charge of per-
jury" The witness replied that he had
answered all the questions put to him.
Mrs. Higgins testified that she had
heard nothing OF the transaction until
she had been informed by a business
man in Honolulu that White was to re-
ceive the $1,000. She had written to .
White and he had denied the story.
Z. T. Chaplin was next called. when
Mr. McClanahan arose to claim a ques-
tIon Of privilege, and stated that some
time since recess Chaplin had been ap-
preached by A y. Wood, who told him
that he had a clear impression that the
checks had been handed to him (Cha-
feet.
Judge Humphreys stated that the
charge was a grave one. and should be
presented by affidavit. No man
however rich or powerful could trine,
with the process OF the court. said
Judge Humphreys. and IL the facts
we're as stated he would be severely
ieaIt with w. r. Castle. one OF the
attorneys. Is to file an affidavit tomor-
'ow. setting out the facts alleged.
Mr.. Chaplin was then examined. He
aid he had been given Mrs. Higgins
'ower OF attorney. because OF the in
ended departure OF White. He knew
Iothing OF the transaction except what
igned the papers because White told
i'm the arrangements were satisfac-
Dry. He did not write because Mr.
White was going to Charleston to see r
irs. Higgins. He said he did not re- t
Give the $50, 900 checks. and was not y
ositive that White had. but presumed L
e had. as he was told that everything c
as all right. .I
Judge Humphreys here called atten- Il
on to a defect in the bill. failure to
Mt OF the Queens hospital. and the =.
bsence OF an allegation that the! \
ueen's hospital had knowledge OF the
aud. The relation OF Wood to the,
osDital and to Waterhouse and of
Thite to Mrs. Higgins. and OF Single
waterhouse and the Waikiki Land
all showed fraud. Under
lese circumstances" said the court.
without an amendment 1 shall be COM
.lled to dismiss the complaint, but 1
.lieve the interests of justice demand ..,
lie allowance of an amendment"
r. McClanahan thereupon offered the
setting out the facts as SO
by the court, but this was
,jected to by Mr.. Robertson. %,
Judge Humphreys postponed final ac- sc
IN upon the question until Saturday II
orning. but intimated that he would
low the plaintiff to amend. Mr.. Nc al
anahan In closing his case, offered ~
r the plaintiff to return any title or
nefits possessed by her IN the shape 81
leasehold. Mr.. Robertson stated
at he Intended to move for a dismiss az
/ OF the bill. and viii argue against 81
y amendment to the complaint to- 81
prov morning. II