The Hawaiian gazette., 1904-12-06
LEGAL
ENGINEERING
Night Session Episodes
Happen In Parker
Case Trial.

II looked like a demonstration In the
drafting room of an airship factory.
the work going on In Judge Gears
courtroom before the night session
opened. j. A. Magoon was doubled
over a piece of mechanism upon the
floor which had the simllitude of an
aeroplane, being framework OF bat
tens upon which the attorney was
tacking great spreads OF glazed stun
gaudy with colored tracings. The
amateur artificer received and return
ed deal OF good-humored badinage.
A bystander suggested to Mr..
Ballou. the naval strateglst, that the
thing was map of Manchuria show
ing the route the Baltic fleet was go
ing to attempt to take overland. Big
Ellis, the bailiff, with his accustomed
bonhomie. meanwhile acted as assist
ant constructive engineer, but keeping
an eye on the courtroom entrances.
Gentlemen. the COURT" He was the
bailiff again as n Presence filed the
law library doorway at 1850.
''In the matter of the estate of Annie
T. X. Parker" Judge Gear challenged
from the bench.
Ready. your Honor" Mr.. Magoon
| lisped with a mouthful of tacks-"as
soon as l get this map finished
1t was a map of the lands of the
Parker ranch, 9 ft.x9 1T. in dimensions.
which Attorney Magoon and Bailiff
Ellis soon had erected upon the jury
platform.
Eben p. Low was called to the wit
ness stand. but before he had time to
tell what he knew about the Parker
ranch there was a sharp legal contest.
Mr.. Kinney asked that the rule for
the exclusion of witnesses be relaxed
to allow F. w. Carter, manager of the
Parker ranch, to be present Owing
to his position and the mixing of his
name in the case Mr.. Carters attend
ance on counsel for the respondent
was very desirable. Counsel cited
authorities to show that the request
was in the discretion of the court to
grant
Mr.. Magoon objected to the request
ed favor, saying 1t was on the other
sides motion that the order exclud-
ing witnesses was made. He had been
compelled, on account of the order,
to put Il. p. Low first on the stand
and, when asked how, explained that
1t was so that when Lows testimony
was given he might remain In court to
| coach the petitioners counsel. When
the respondents case was reached, II.
w. Carter might similarly be called
first to secure the same end. He would
| insist on the rule. Mr.. Kinney re-
| torted that counsel were not insisting
on anything-it was entirely in the
| hands of the court.
Judge Gear said he never believed
much in the exclusion of witnesses.
His experience had been that as good
results We're gained when witnesses
were present as when they were ex-
cluded. In this case he could not see
that any harm was likely to re ult
from the presence of any witness
whose attendance counsel desired.
Finally, he granted the request and
Manager Carter was called in and
given a seat beside counsel for the
respondent.
No exception was noted to the rul-
ing. There was a good deal more said
than what is above reported, but
enough has been given to make the
point decided clear
Mr.. Lows evidence began with the
statement that his first acquaintance
with the Parker ranch was when he
lived upon the place from the age Of
| five to the age of eight years