The Hawaiian gazette., 1904-04-29
$4,000 FOR
SONS DEATH
Suit Against the
Rapid Transit
Company.
(From Wednesdays Advertiser.)

(From Wednesdays Advertiser.)
Manuel Ferreira's suit for $4,000
damages against Honolulu Rapid Tran.
sit & Land Co., on account OF the kill
ing of plaintiffs son by an electric car
on Liliha street in November, 1901, soon
after that line was opened, came on for
trial before Judge Robinson Monday
morning, but q jury was not obtained
until after a special venire was re-
turned yesterday morning. Holmes &
Stanley and E.. NJ. Watson appeared for
plaintiff. and Castle & Wilmington and
w. l.. Whitney for defendant.
Both sides exercised all their chal-
lenges before the following named jur-
ors We're found satisfactory and sworn
NJ. j. Carroll, Arch. S. Robertson, w.
c. Wilder, John II. Naone. Starr Kapu,
Jas d. Dougherty, S. VIM. Spencer,
Geo. Dillingham;, r. l.. Scott, John An
drews Patrick Ryan and Emmett May.
After a good while in negotiating the
conditions, the proposition of the plain
tiff's counsel to have the jury view the
scene of the accident was adopted. The
defendant provided special car for the
trip.
STORY BY EYEWITNESS
cowboy who was an eyewitness of the
accident, testified in the afternoon. He
was returning from cattle-driving ex-
pedition in the back country, with him
being George Holt and young Fer
reira, all on horseback. Witness felt a
great attachment for Ferreira, saying
in the course of his evidence that he
had known him from the time he was n
little boy.
The three cattle drivers were at a
point on Liliha street. between Wyllie
and Judd streets. when they saw a car
approaching from town. They halted
their horses at one side of the road to
see the car pass. After it had passed
they proceeded down the street toward
town. Richard living some distance
farther along off Liliha street. The
car was returning downward a little
later and overlook the riders. At that
time the margin of the road outside the
car track on the Eva side was narrow
and not in good repair, while there was
comparatively smooth going on the
Waikiki side where all the wheeled
traffic went. Witness and Holt, the lat
ter being on a skittish horse, took the
Waikiki side and witness called on
Ferreira to cross over with them. The
boy replied that he was all right, as
there was room enough for one horse
on the EVA side.
The car was first observed approach
ing them from the rear at distance
of about nifty yards. Witness testified
that the motorman did not put on
brakes or check the speed of the car as |
1t came on. The boy Ferreira's horse |
had taken fright at the car and was
running away with a siding pace. 1t |
got upon the track and was struck by |
the car. The boy was thrown in front |
of the car and his horse ran away. Not |
until the horse was struck, the witness
testified, did the motorman put on
brakes. When the car was stopped the
dead body OF the boy was found under
meath the car midway between the
front and rear wheels. From the place |
where the horse was struck to that |
where the car stopped witness said the |
distance was the same as between two !
trolley poles.
The old man did not wait to see all |
that was done. II felt sad" he said as
reason for leaving, because / was fond |
of the boy" There was no doctor on
the spot while witness was there.
A good deal of discussion between |
counsel took place over evidence of
Richard as to the cars speed In for
mer days, as his title suggested, he was
an inter-island skipper. He said he
could hardly compare the car to a sail
ing vessel by way of getting at an
estimate, as sometimes there was no
wind for the vessel and she did not
make so many knots then. Asked if he
was familiar with the speed of electric
cars, his answers revealed that he had
never ridden upon one. Horseback was
always his preference for land travel.
At length the court allowed him to
make an estimate on the basis of
horses speed. He believed If he made
his horse gallop hard he could do
twenty miles an hour in the saddle
II struck young Ferreira's horse, was
horse go, hence 1t was more than twen-
ty miles an hour.
DIR. j. T. Mcdonald. who conducted
the post mortem examination, testified
as to the cause OF young Ferrera's
death, giving technical description of
the fatal injuries.
INHERITANCE PAID OVER,
j, o, Carter, guardian Of Charles
Mark llardee, minor, has filed settle
ment Of accounts ana receipt with "A
petition Tor discharge, The minor came
of age on March 80. 1904 Ills share
unaer no VIII of his father less legal
charges, Wah ilailll aud this has been
pnld over iu him hy tho guardian boo
a ..N D