The Hawaiian gazette., 1904-09-16
JURY CUTS
DOWN FEES
George Davis Vi
sion Of Wealth
DWindleS.
trrom wedncsdnr.s AdvertIser.l

~ N'uikt bdNit ~ July 9'"N'iN"s
ms the amount he may be entitled to
for services rendered to Mrs. Nobrega
in her action for divorce against S.
Nobrega. The jury was out about
twenty minutes. Davis sued for $500,
the sum which was noted in contract
between Davis, as attorney and Mrs.
Nobrega as client, he waving all claim
to any sum over $500 although the
terms OF the contract were that he re-
ceived one-half of all moneys she
might receive over $4,000. The con-
tention OF Mrs. Nobrega was that she
did not understand the contract as
drawn up.
The case was heard in Judge Robin
sons court and with Davis as his own
attorney with Lorrin Andrews and
Frank Andrade arrayed against him
as attorneys for Mrs. Nobrega the
jury and spectators did not lack for
high jinks
During the cross-examination of
Davis by Andrews, the jury was treat
ed to diversion when Davis said:
II am suspicious of Andrews, and
Andrews is suspicious of me, and
neither of us has confidence in the
other"
When the attorneys took their turns
before the jury and presented their
arguments, Davis took occasion to pay
his respects again to Andrews.
my professional standing In this
community" said he. will bear the
searchlight of truth and Justice, and
it will show up as well as that of Lor-
rim Andrews. They (Andrews and An
drade) came in like eavesdroppers and
sneaked into the case, not like honor |
able men. I never had trouble before |
with a client. Lorrin Andrews tried |
to exterminate me from the profession
of which 1 am member, but tell |
you l have never been charged with
overcharging anybody before"
The jury comprised A. L. Soule, Ar
thur Johnstone, H. p. Benson, Sam
Kamakau, Lewis c. King, Harry C.
Wilder, II c. Carter, VIM. +. Erving,
Samuel Nowlein, Norman Watkins.
Percy Lishman, l. Bray.
FREEDOM WAS SHORTLIVED.
Hayashida, the alleged Waialua mur-
derer, enjoyed a brief bit of freedom
yesterday morning. 1t was very brief,
for after he had walked out of Judge
Gears courtroom on the order of
nolle prosequi entered by the court,
the bewildered man wandered slowly
down the stalls and into the waiting
arms of a police officer. Shortly after !
ward Chester Doyle of the Attorney
Generals Department, came over from |
the Capitol with new warrant for
his arrest.
When the court was convened yes
terday morning, with the jury present,
NJ. F. Prosser for the Territory moved
that nolle prosequi be entered |
against the prisoner as owing to a
typographical error In the indictment |
the murder was alleged to have been |
committed at Waipahu, Oahu, instead |
of at Waialua, oahu. The order was
granted. Mr.. Cathcart for the defense |
asked that the judge explain to the |
prisoner that he should not raise his |
hopes too high. The judge said that |
was not necessary.
The new indictment charges Haya-
shida with committing murder at Wal
alua. The case was continued until
Thursday and the trial jurors We're ex-
cused until that time.
SUPREME COURT DENIES.
Decision in the matter of the Ha-
waiian Commercial and Sugar Compa-
ny VS.. Wailuku Sugar Company was
rendered yesterday by the Supreme
Court, wherein the motion for a re-
hearing, asked by the defendant COM
pany was denied. The text of the de-
clsion is signed by Chief Justice Frear
and Circuit Judge Matthewman, sit
ting In place of Justice Hartwel, Cir
cult Judge Robinson for Justice Hatch,
In its syllabus the court
says: "A motion for a rehearing based
on the ground that the court erred in
holding prescription rights We're in
tended in those decisions to include all
appurtenant rights and that it other
wise failed 10 follow those decisions. is
ienied-the contentious not being sus-
tained by the decisions"
Fourteen grounds We're set forth in
The motion for a rehearing.
Judge Robinson in a concurring opin-
on says:
AS, in my judgment, this court. in
rs decision of the case at bar Q5 Haw.
'75) not only did not overlook any, but,
exception, fully considered all
't the many points raised by counsel
'or respondent In its petition for re-
nearing, / concur In the order denying
'espondents motion for rehearing. I
also concur In what IS contained in the
opinion OF the Chief Justice in refer
snce TO the meaning ana scope of the
.erm ''prescriptive rights" as used and
employed in both the Lonoaea and
plea in bar" decisions
DEFENDANTS ABSENT.
Return OF summons IN the action OF
John A. Cummlns vs.. ]. o. Carter. et
Il. bin for cancellation OF trust deed.
has been made by Deputy Sheriff Nc
Gurn. John Il. Walker and Flora
Hiram, two of the defendants could
not be served as they are now resi-
'nis respectively OF the Mainland OF
he United States and Japan, but cer-
ified eopes Were left al their former
residences In Honolulu. with relatives.
THE HIGHWAY CASE.
In the case of the Territory Vs. VII.