The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-28

DEAD HORSE
Produces Stormy
Talk Between
Lawyers.

Clark & Henery VS.. H. Hackfeld &
Co., Ltd, and Castle & Cooke, Ltd,
was argued and submitted in the STU
preme Court yesterday. 1t is an appeal
from Judge De Bolts judgment for
plaintiffs in the full amount claimed,
the suit being based on an agreement
of defendants, as agents of Oahu Sugar
Co. and Eva Plantation Co. respec-
lively to pay plaintiffs bonus of $685.
900 upon the completion of their con-
tract with the United States Govern
ment for dredging Pearl Harbor cham
mel, stated proviso being the opening
of the harbor to commerce. Castle &c
Cooke paid it's share, while H. Hack
field G. Co. fought and is fighting the
claim.
AS Justice Hartwell was counsel for
plaintiffs below, Judge Gear sat with
Chief Justice Frear and Associate JUS
for plaintiffs, and H. E. Cooper of Kin
ney, McClanahan & Cooper for defend
ants.
DIR. CARTER MINORS.
Judge Robinson yesterday morning
partly heard the petition of Edgar Hen
riques, as next friend of the minor
children of Margaret v. Carter, deceas-
ed wife of DR.. A. B. Carter, Makao,
Oahu, to appoint H. w. Kinney guar
dian pending the appeal of Mrs. Jessie
K. Kaae from a decree removing her
as executriX of the estate. Cathcart
& Milverton appeared for petitioner,
and C. w. Ashford for respondent.
1t was sought to be shown that Mrs
Kaae was serving under a worthless
bond, it having as surety the Fidelity
insurance Co. whose license was can
celled by Deputy Insurance Commits
sioner Geo. E. Smithies. This official
was examined as a witness, testifying
that the surety's liabilities We're about
$4,000 against assets of $35,500 The
hearing was continued.
OLD CLAIMS HEARD.
H. Burnette VS.. p. e. r. Strauch, Judge
Robinson continued it until Thursday.
G. A. Davis appeared for plaintiff, and
defendant in person.
j. l.. Rowland VS.. Byron o. Clark
was also partly heard by Judge Robin
son, being continued until Friday. G.
A. Davis represented plaintiff, and
Royal d. Mead defendant.
CrTnDNJv crII\vE,S
Both of the two foregoing cases are
actions on old judgments. The How
land VS.. Clark proceedings on this oc
casion consisted of the examination
of judgment creditor" 1t yielded
stormy scenes between counsel through
out.
II will not be interrupted by the
partner of w. o. Smith, Mr.. Davis
acclaimed at an objection Mr.. Mead
offered to the course of examination.
Mr.. Davis at the time was endeavoring
to compel Mr.. Clark to reYeal his finan-
cial status, in which he was sustained
by the court.
A little later Mr. Mead formally OBJ
jected to question. Mr.. Davis paid
no attention to the objection, but press
ed the witness for an answer
Mr.. Mead sprang to his feet in a
choleric mooG and, leaning over toward
opposite counsel with blazing eyes, eX-
claimed:
81 want Mr. Davis'to understand that
I have right to make an objection
and that he must wait until the court
rules on my objection"
1t was red light and Roman candles
all through.
Mr.. Davis was overruled by the court
just before adjournment in his demand
for an order to attach the shares held
by Mr.. Clark in the Clark Farm Co.,
the Hawaiian Fruit and Plant Co. and
the Tropic Fruit Co.
Mr.. Clark, against the objections of
Mr. Davis. made several voluntary
statements of his affairs to the court.
For one thing he protested against
being dragged into court here, after
the lapse of years, and held account
able for dead horse debts in Califor-
mia. He claimed, backed by his coun-
sci, that there was no moral or eqult-
able right in the claim.
SENSATIONAL TURN.
Judge Robinson, admitting that such
there was a prima facie legal claim
against him, Mr. Clark then made this
sensational statement;
"The planting has written a letter
stating that he never authorized this
suit"
Asked II he had the letter with him
he answered In the negative, when Mr.,
Mead asserted
II have seen the letter"
Mr., Davis said the note had been
given Go him for collection, adding
hThe plalnun has heen writing day
Ia ana lay ont for his money!
Mr. ozark told nf the Failure ~ a
fruliuraislnE rultrpglsn in california