The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-30
BIG DAMAGE
SUIT TRIAL
Result of Quarrel
Between Two
Partners.
Jury in Ejectment Case
Dine Amidst Their
Deliberations.
Gear Winds Up Incident-spreck.
els Wants CONSTRUCTION to
Dismiss an Appeal.

On opening his court yesterday morn
| ing, Judge Gear again called the cases
| of Bales, Carleton and Watson, the
three soldiers ITO whose indictment the
Attorney-GeneraI had entered a 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 Frear for let
| tiers in his possession. Such a request,
| the Acknowledgement 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-
/
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. It was still his
opinion that the men should have been
produced in court even for the entering
as this court is concerned he con-
| cluded, 'ithe incident is closed
| There was an informal conference of
the three judges in the afternoon, when
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 D. m. At five minutes to four
they sent in word that they stood s
to 4, without saying which way. and
would probably be long time reaching
| a verdict.
One outside opinion was that if the
| jury agreed on a verdict for plaintiffs
they would probably hang on the
amount of damages for unlawful de-
tention of the property.
The jury were sent out to dinner
at o'clock and repaired to the jury
night they made no sign of having
reached an agreement. 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 were 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-
| ton, of j. C. Axtell VS.. H. E. Hendrick.
| c. c. Biting appeared for the plaintiff,
| and Thomas Fitch for the defendant
The cause of action arose in the arrest
and prosecution of Axtell, at the in
stance of Hendrick, on the charge of
| embezzling $500 of partnership funds.
Axtell was acquitted in the Honolulu
District Court.