The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-10-02
LONG SIEGE
IS ENDED
Mrs. Rowland Is
Winner in Suit
for Land.


in the Godfrey Rowland ejectment case
were allowed to go into sleeping quar-
ters at the Hawaiian hotel. At the
opening of the court yesterday morn
ing they appeared to report that they
We're unable to agree.
Mr.. McCanahan offered to renew his
motion for directed verdict for the
defendant. Mr.. Wilder objected that
it was too late after the case had gone
into the jurys hands. The court re-
fused to entertain the motion.
Judge De Bolt, in sending the jury
out again, delivered an address of ad-
vice to them. He stated that the pur-
pose of the law was to end litigation.
While exactness in deciding between
man and man was desirable, it was
practically impossible in human affairs
to be absolutely exact. Every man
was entitled to his own opinion, but at
the same time ought to give due weight
t, the opinions of others. The Judge
gave an instance of his own recent ex-
perience, where, feeling sure of his
ground, he wrote an opinion but after
further hearing and the perusal of
briefs prepared a contrary opinion.
Finally, he said a juror was not eX-
pected to surrender his fixed opinion
for the sake of a verdict.
At their request the jury We're al
lowed to take recreation in an electric
car ride to and from Waikiki. On
their return they took to elaboration
again and, with only respite for lunch
stuck 20 it all day. Different times
they sent out for special instructions,
which Judge De Bolt gave as well as
an extract from his charge which he
directed Stenographer Horner to tram
scribe in typewriting.
Judge De Bolt had determined to keep
the jury out another night failing a
verdict About 6 o'clock, however,
they returned a verdict for the de-
PENDANT. Counsel for plaintiff noted
exceptions and gave notice of motion
Tor a new trial.
Another case in which the title to
property left by the late Frank Met
calf is involved is pending in the Su-
preme Court, being that of Frank God
frey, trustee for Thomas Metcalf, and
Thomas Metcalf himself against John
Kidwell, over property in Manoa val
ley
CHILD HARBORING CASE.
Mrs. Josephine Chiffon was on the
witness stand in her own behalf a
great part of yesterday before Judge
Gear, in her trial for harboring Maggie
Place while under abduction by her
son, Harry Chiffon. She told of hav-
ing urged the girl from day to day to
return home, but Maggie was ready
with excuses after the set times had
passed for not keeping her promises to
go away. There was the same old bat
tie throughout the proceedings over the
admission of evidence. The trial will
be resumed this morning.
TELEPHONE INJUNCTION.
Sidney NJ. Ballou has brought an in
junction against the Mutual Telephone
Co. to compel it to render adequate
service to petitioner, and to refrain
from interfering with the telephone
connectior between the respondents
system and the petitioners house.
Mr.. Ballou wanted a desk telephone
installed for the use of his wife, who
being in poor health, desired tele !
phone within reach of her bed. The
company refused and Mr.. Ballou had
desk telephone installed from another
source and connected with the respond 1,
ent's wires. The company without
leave cut out the telephone by severing
its wires. Later the company put in
a desk telephone of a type that petit ,
toner says is clumsy, and made a
charge therefor of IS n month which
Mr.. Ballou contends is exorbitant. !
1t is alleged in the petition that the
Mutual Telephone Co., threatens to dis
connect the petitioner from its service.
Hence his recourse to the injunction
process.
THE ROSA ESTATE.
Ella A. C. Long, commissioner to add
measure dover of Helen n. Rosa, de-
ceased has rendered his final report.
He finds that the dover interest of the
widow named at the date of her hus-
bands death was s536i.Sl this relating
to the real estate. AS, under the law,
the widow is not entitled to dover in
the personal property until the debts
Of the estate have been paid, no esti-
mate was made of the dover in s15l7.4O
Of personally because there was no ap- ,
parent prospect OF such payment Of {
iebts.
The commissioner submits for the |