The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-17
IN 4
MIsTRIAl
MarconiCaseGoes
Over for the
Term.
COULD NOT BE
FINISHED IN TIME
Motion for Non-Suit Denied
Defendant Denies Liability
of F. ]. Cross.

The case of Marconi's Wireless Tel
egraph Company VS. F. J. Cross, which
has been On trial for three days, re-
suited in a mis-trial last evening as
soon as the impossibility of finishing
the case before the expiration of the
term was seen. Inc November term
came to an end at midnight last night,
and it was necessary that everything
should be concluded before that time,
as one extension of the term had al
ready been granted.
The motion for a non-suit made by
the defendant was argued in the morn
ing. and Judge Robinson stated that
he would grant it, for the reason that
no connection had been shown between
the Wireless Telegraph Company and
the company which had made the con-
tract with Cross. McClanahan there
upon asked permission TO Introduce
evidence to prove the relation between
the two corporations and TO show that
the English companies act of 1862 pro-
yided for a transfer of corporations in
| the manner shown to have been done
/ in this instance. There was hitch at
this point, however, because of the I'M
possibility of securing copy OF the
act in question. This difficulty was
| finally overcome by the Introduction
as witnesses of M C. Lilley and D. W.
Anderson, who testified that at one time
they had been barristers in Scotland
and were acquainted with the provls-
ions of the companies act. Upon this
showing Judge Robinson denied the
motion for non-suit.
! The defense began with the testi-
mony of w. R. harrington, the secre-
tary of the Inter-Island Telegraph
Company. His evidence consisted
chiefly of the identification of letters
which had been sent to the Inter
Island Company by the plaintiff cor
poration, and which showed a recog-
| milton of the transfer of Cross rights
4 to the company Several of the letters
! showed also that the London company
! had accepted payments from the Inter
Island Company, and dealt with it in
i the place of the defendant. C. j.
Hutchins, the treasurer of the COM
I pany. testified to the same effect, tell
i ing of payments by him TO the London
corporation. it being understood that
this was done in pursuance of an agree
ment by which Cross was to turn over
his franchise and rights TO the corpor-
alton formed for that purpose.
During a recess, taken while Hutch
ms was on the stand, one OF the jurors
asked what probability there was to
finish the case before the term ended
or. in the event that the jury did not
agree on a verdict Immediately II II
could be returned on the following
| day. Further discussion developed that
it was almost impossible to put in al
of the defendants testimony befoc2
midnight, not to mention the argu-
menlS anu luStI uG4ohs, anu
the jury to deliberate. 1t was finally
stipulated by the attorneys that a juror
should be withdrawn and mis-trla
entered, as there was no possibility Of
finishing the trial before midnight
This was done, and Judge Robinson
ordered mis-trial to be entered anc
the jury was excused for the term.
The case was continued until thu
next term of court.