The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-18

nm several Jurors summoned on the
special venire, who in answer to ques-
tioning verified his claim of fact.
Judge De Bolt overruIed the chal-
lenge and the empaneling of a jury
went on. This process soon exhaust
ed the list of jurors returned, num-
boring but Is of the 26 named in the
yenire. Another special venire of 26
names was issued, returnable at 1G
o'clock on Monday morning. There are
IL men passed for cause in the box,
leaving one to pass and peremptory
challenges of both sides to come.
In the examination of jurors called
Yesterday, Paddy" Ryan was excused
on declaring that his mind had under
gone no change since he was let out
on the former trial Of the same cause
for a fixed opinion. This opinion re-
lated to any case in which the doings
Of the Legislature were involved.
Sam. E. Pierce blurted out, II be-
lieve the defendants are guilty" max
ing even Kumalae laugh and eHciting
from the Judge the request to jurors
having opinions not to reveal which
way their minds We're set.
r. Wyllie Davies, excused for an
opinion on the first trial, thought with
some hesitation now that he could
render verdict upon the evidence and
the courts statement of the law. He
passed for cause.
L. C. Ables, excused from a civil
Jury in Judge Gears court the pre-
vious day because he said he would
strike a balance for himself on the
law as between the expositions of coun-
sci without guidance of the court, mar
no hI1t on hot
sides were satisfied with him notwith-
standing.
THE HILO CASE.
A B. Loebenstein's examination III
the Hilo waterfront ejectment case OF
C. A. Brown VS.. J. D. Spreckels and
others. before Judge Gear, was con-
cluded early in the afternoon. Mary
Ailau was next called and remained
on the witness stand the rest of the
day.
Once, when J. A. Magoon withdrew
a question under objection by w. A.
Kinney while Mr.. Loebenstein was OH
the stand, Mr.. Kinney caused a laugh
by moving that it appear on the rec
ord that Mr.. Magoon had backed
down for once in his life
Affidavits filed at Hilo to procure
a change of venire of this cause to
Honolulu are by w. NJ. Giffard, a bust
ness associate of the Spreckels, and c.
c. Kennedy and J. w. Mason. promi-
nent business men Of Hilo. Mr.. Ken
nedy's allegations are to the effect that
there is such a strong and general
prejudice on the part of the people
of Hilo> against the Spreckels brothers,
on account of their lack of sympathy
with the town and of public spirit in
developing it, that they could not get
a fair trial there.
ISAAC NOAR'S FIGHT.
Isaac Noar has brought a cross COM
plant in equity against Lee Chu and
C. K. All, upon his alleged rights and
Fort and Kukui streets. His attorney
is C. w. Ashford. After describing the |
premises, stating that the rents there |
from amount to $225 a month, claiming |
that he owns a seven-sixteenths inter |
est in the property and relating the
suit brought against himself and his |
daughter, Julia Noar,I by the defend |
ants, the complainant charges:
That after the filing by defendants |
of their original bill they, ''wrongfully |
and wickedly contriving to cheat. OPP
press and defraud your orator in the |
premises. did combine and confederate |
and agree together that they would
refuse to pay interest on a certain
mortgage and that they would collect
and appropriate to their own uses and
purposes the rents and revenues of the |
mortgaged property; to the further pur-
pose that they would prevent the col
lection of rents by this complainant and
the application of the money to the
mortgage obligations, and to the still
further purpose of forcing a sale of the
property under foreclosure of the mort
gage.
The complaint goes on to say that the
defendants did allow the payments of
interest on the mortgage to lapse, until
on July 1, 1908, there was S640 overdue
and that, on January %, 1904, the prop
erty was sold under foreclosure, the
defendants being the purchasers for the
price of $1,000.
Mr.. Noar declares that this price was
grossly inadequate and that such in
adequacy of price was the result of the
tendency of litigation between defend
ants and himself. His prayers ending
the complaint are:
That defendants be summoned to ap-
pear before the court and answer the
allegations in this complaint and be
thereafter bound by the proceedings.
That defendants be compelled to come
to a just and true account with the
plaintiff concerning the rents and rev.
enues collected, with respect to the
premises mentioned, for the period be-
tween the date of their original bill and
the date of the final hearing. or of the
final decree, as shall seem most appro-
pirate.
That the defendants may be decreed
to hold the premises, so purchased by
them, as trustees for themselves and
the plaintiff, in the proportion of nine
sixteenths for them and seven-six-
teenths for him, he undertaking to pay
them seven-sixteenths of the entire
price paid or agreed to be paid by them,
or whatever sum the court shall find
to be equitably payable by him.
That when his share of the price is
decreed the defendants be compelled TO