The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-09

ing for the plaintiff against the de-
PENDANT legally disposed of the only
issue submitted to the jury and left
nothing further for them to consider
or TO decide" Again: The first part
of the verdict is determination, a
conclusion The latter part deter
mines nothing" Further Whatever
meaning or force may be given to the
latter part of the verdict, it is clear
that the jury did not intend 10 acquit
the defendant of all wrongful acts in
the premises. Furthermore, we must
apply TO the words and language of
layrnen the meaning and sense in
which laymen use them. A layman,
probably. would not conceive of malice
ASSOCIATED from some mental opera
ton. Hence. it is reasonable to con-
clude that the jury in this case had in
mind malice in fact and not malice in
law 1t cannot be presumed that
jury intended a contradiction or an
inconsistency, and it is the duty of a
court so to construe a verdict, if pos
sible, that it may stand rather than
to hold it imperative.
C. w. Ashford and c. A. Long for
plaintiff; T. McCants Stewart for de-
PENDANT.
NOTED CAMPBELL CASE.
The executors, trustees and heirs of
the late James Campbell, by their att
torneys, Robertson & Wilder, have
filed a demurrer to the amended COM
plant of Madame Kailua against
themselves and others. They set forth
that plaintiff has not stated such
cause as entitled her to any such dis
covery or relief as prayed for against
these defendants. Jurisdiction of the
court is denied and these defendants
are alleged to have been improperly
made defendants in the suit. 1t is
held that the bill is multifarious in
being exhibited against these defend
ants and the several other defendants
therein named for distinct matters and
causes. Finally, it is claimed that it
appears by the amended petition that
plaintiff is and should be barred from
bringing or maintaining said suit by
reason of laches in instituting it.
This is the suit in which an aged
native woman complains that she was
induced by fraud and force to deed
land at King and Kapiolani Streets
which has since been subdivided and
sold to various parties, to James
Campbell in his lifetime.
HUSBANDS LEGACY.
NJ w. Tschudi petitions for probate
of the will of his deceased wife, Jennie
Blatchford Tschudi, who died at Ho-
nolulu on June "a, 1908. The heirs at
law are the father of decedent, W., P.
Williamson, Quincy, Illinois, and her
brother, H. D. Williamson, Santee
Cal, and \the petitioner is named in
the will as legatee and executor. A
half interest in a life insurance policy
constitutes the estate, being valued at
$500.
Judge De Bolt approved the different
accounts of w. o. Smith, as trustee
under the will of Achi K Ahau, de-
ceased, and trustee for Achi K. Ahau,
a minor.
PARTITION GRANTED.
After a hearing that lasted for Sew
eral days. Judge Robinson granted the
prayer of the bill for partition brought
by J. A. Magoon against Kalei and
others. 1t relates to property at Wal
au, Eva, Oahu. Magoon and Light
foot appeared for petitioner; Andrade
for respondent Kalei.
ON COURT FILES.
Jack Morgan by his attorneys,
Creighton and Correa, has filed a mo-
ton for a new trial on the ground that
the verdict of the jury convicting him
was contrary to the law and the evil
dence, as we'll as the weight of evil
3ence.
Still another stipulation has been
fled in the suit of S. NJ. Ballou against
Mutual Telephone Co., this one giving
defendant ten days more from yester-
day to answer the complaint or take
such other steps as it may deem adj
visable.
Judge De Bolt signed a decree of
partition in the suit of Kapiolani Es-
tate, Ltd, VS.. Rull Kinney and P. |
It relates To 1arn1nort.r IL, |