The Hawaiian gazette., 1903-10-02
BIG DAMAGE
SUIT TRIAL
Result of Quarrel
Between Two
Partners.

On opening his court yesterday morn
ing. Judge Gear again called the cases
of Bales, Carleton and Watson, the
three soldiers to whose indictment the
Attorney General had entered nolle
prosequi.
Attorney General Andrews stated
that he had filed all of the correspond
ence upon the matter under his control.
He did not consider it incumbent on
| him to ask Chief Justice F'rear for let
ters in his possession. Such a request
the Attorney General submitted, would
come with better grace from the court
| Judge Gear stated his understanding
! to be that Governor Dole mentioned, at
| the conference with the three Judges,
that all of the correspondence should
be filed in court to show why the de-
PENDANTS had not been returned for trial
according to the promise of the mill
| tary officers.
Referring to the retention of letters
by the Chief Justice, he said he did not
see why fowl should be made of one
and flesh of another. 1t was still his
opinion that the men should have been
produced in court even for the entering
of a nolle prosequi. However so far
as this court is concerned" he con-
cluded, "the incident is closed"
There was an informal conference of
the three judges in the afternoon, when
Judges De Bolt and Robinson both eX-
pressed the opinion that all of the cor
respondence ought to be filed. Judge
Gear, having ended the matter for his
part in court, did not have anything
further to say.
JURY GOES OUT.
| Mr. McClanahan for defendants con-
cluded his address to the jury in the
Godfrey Rowland ejectment case be-
fore Judge De Bolt yesterday morning.
He was followed by Mr.. Fitch for plain
| tiffs, who delivered an oldtime forensic
speech Among it's striking features
We're a recitation from Burns and the
indication to the jury, with the aid of a
reading glass, of alleged doctoring of
the records in the Metcalf family Bible.
The jury retired to consider their YER
dict at p m. At five minutes to four
they sent in word that they stood s
! to A. without saying which way, and
would probably be long time reaching
| a verdict.
one outside opinion was that If the
jury agreed on verdict for plaintiffs
they would probably hang on the
amount of damages for unlawful de-
tention of the property.
The jury We're sent out to dinner
! at o'clock and repaired to the jury
room afterwards. At a late hour last
night they made no sign of having
reached an as cement Judge De Bolt
had gone home and if a verdict was
/ found it would be sealed until court
opens this morning.
THE HARBORING CASE.
In the trial of Mrs. Josephine Chiffon
| for harbOring Maggie Place, an alleged
stolen child the defense was on yester-
day before Judge Gear. There We're the
usual intermittent contests over evil
dence between the attorneys, which
greatly prolonged the proceedings, and
the trial continues this morning.
DAMAGES FOR REPUTATION.
Judge Robinson yesterday afternoon
/ began hearing the trial of the suit for
| $4,000, damages for malicious prosecu-
tion, of j. c. AXtell VS.. II. Il. Hendrick.
| c. G. Biting appeared for the plaintiff,
ana Thomas Fitch for the defendant.
The cause of action arose in the arrest
.
stance of Hendrick, on the charge of
emhezzling 5000 of partnership funds.
AXtell was acquitted in the Honolulu
District Court.
Following are the names of the jury
trying the suit: Louis II. Miranda,
| Richard n. Mossman, George w. Macy,
S. Mahelona, Charles Warren. Thomas
HOnan, William I. Schmidt, Percy NJ.
/ Pond, c. S. Holloway, Edward Hanapi,
East Kahulualii and William Ringer.
There was some delay in putting on
evidence after the plaintiffs case was
opened and the trial was continued un-
I'll this morning
BREACH OF LEASE.
Return of summons has been made
in the suit of j. Freitas against David
| kawananakoa and Jonah X Kalani-
anaole, claiming $4,000 damages for
breaking a lease of land at Holualoa,
North kona. Plaintiff alleges that de-
PENDANTS leased the premises to him on
October 81, 1895, for 25 years at an an
nual rental of $500, the term to begin on
May >, 1902: that on the date of lease
he paid defendants $50 on account of
rent for the first six months; that de-
PENDANTS heretofore, on July 10, 1895,
leased the same premises to J. l.. Coer-
per for Al years from May 2, 1902, at an
annual rental of s400. and that plain
titf on May ., 1902, rendered to defend
ance 500, balance of rent for first six
!, months, but that the money was refus-
ed and defendants did not allow plain
tin to enter upon the land or take pos
session thereof
c. NJ. RUGG'S ESTATE.
Mrs. Mabel L, Kelsey Rugg petitions
for letters of administration on the es-
tate of her late husband. Chester Mer-
: rlll Rugg, to be issued to George y.
Rugg, brother of the deceased. The as-
tate consists of $1,000 cash and $4,000 in
surance, and the heirs at law besides
herself known to petitioner are the
mother, the brother and two sisters of
the deceased.
BAD FAITH ALLEGED.
Fred Harrison, by his attorney, Ceci
Brown, answers as one of the defend
ants in the suit OF Chang Kim ct al. V'