The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-02-11
CASE TAKES
NEW PHASE
CIaimsAbandoned
in Course Of
Trial.
Bruce Cartwright Made
Liable for Large
Amount.
Joe Firms Trial Set-Mrs. Kaae
Fights Removable Bolts
Jury Gets Vacation.

On its eighth day, the trial of the suit
of Capital Building Co. against Henry
Waterhouse & Co, developed a change
of base on the part of the plaintiff.
Mr.. Kinney stated that he would like
to discontinue one or two of the claims
for special damages, but without preju-
dice He specified the matters in the
fourth count, also some in the third
count The discontinuance was not to
prejudice any claim for damages which
might be set up in the allegations of
1.-THE remainder of the complaint.
Mr. Lewis for defendants objected to
discontinuance without prejudice and
noted exceptions when Judge Gear had
overruled his objection.
The plaintiff having rested, Mr.. Lew
prepare for putting on the defense in
view of the changed status. This was
granted, while the jury were excused
until 2 p. m. today. The court ad-
JOurneQ Tor the DAY at Z.40
j. ]. Egan and Philip F. Frear, COM
p1ainants in the name of Capital Build
ing Co., claimed s95. 1880 damages, to-
gether with interest from July 10, 1902,
costs and attorneys fee, on account of
breach of agreement to finance
building scheme. This was the erec-
tioD IF n b,,ciDocc c+ruct11ra nv, Tho Iof
between the Alexander Young building
and the Y. NJ. G. A. building in Hotel
street. The items dropped yesterday
by Mr.. Kinney take $4,000 off the total
claim. For breach of agreements with
Levers & Cooke to provide material
and Hawaiian Engineering & Com
struction Co. to do construction work,
$4,000 in each instance was claimed
These amounts are abandoned in the
third count. The fourth count, dis
continued as whole, alleged that Hen
ry Waterhouse & Co. agreed to act as
agents for the projected building, in
that capacity to seek tenants for it.
While defendants We're acting as such
agents, the compliments themselves
procured an agreement from a desiring
tenant to lease three-fourths of the
ground floor at a monthly rental of
$500. This they say they signed at
the request of defendants, who yet
fraudulently released the prospective
tenant in order, it is declared to OBJ
struct the building scheme Under
this count the damage was placed at
$4,000.
WATSON SENTENCED.
Judge Robinson sentenced David
terry on his wife, to pay a fine of 800
and $3.50 costs. Pending determine
ton of motion for new trial defend
ants bail was fixed at 500.
Hamoa's trial for lewd and lascivious
behavior was set for trial today. A.
H. Crook had been assigned by the
court to defend him, but at the setting
of the case defendant announced that
he had retained c. w. Ashford. Judge
Robinson accordingly ordered the
change of counsel to be entered of rec
ord.
Joseph Finn was arraigned for as
sault with intent to commit murder.
He pleaded not guilty and his trial was
also set for today.
TRIAL UNDER WAY.
Matsumoto was placed on trial for
assault with a deadly weapon. Attor-
ney General Andrews prosecuted. and
E. A. Mott-Smith appeared for the de-
Tense. The following jurors were
found satisfactory by both sides as
drawn: E. r. Bivens, Sam K. Kama
kau, H. c. Brown, Samuel Nowlein, s
William Spencer, John c. Lane, Albert
Lucas, j. c. Cohen, Edward Dekum
w. L. Fletcher, Clarence H. Cooke, and
J. NJ. Dowsett. When the prosecution
rested, Mr.. Mott-Smith moved for
directed verdict of acquittal. This
was denied and the case for the de-
Tense then started. Owing to the
darkness of the courtroom from the
raging storm. the court adjourned half
an hour before the usual time.
CASES JURY WAIVED.
Owing to parties agreeing to waive
jury in cases set for yesterday before
Judge De Bolt, the jurors in his court
were excused until Monday.
Wing Wo Lung Co. VS.. ing Chew.
assumpsit. Will be tried without Jury
today
Fanny Love. administrators Of the
estate OF X. Love, vs.. z. c. Copeland,
jury waived, was set for trial on the
10Th inst.
HEAVY SURCHARGE.
Judge De Bolt made an order vastar-
day in the matter of the estate of
Thomas Cummins, deceased. 1t de-
crees all of the recommendations of
Henry Smith, master, whereby Bruce
Cartwright, administrator. is surcharg-
ed with nearly a thousand dollars. The