The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-05-04

ing out the plain rules with respect te
not paying fare or present !
ing transfers. while regarding lenient- /
Nv the conductor who had causad all |
the trouble by a breach of orders in
refusing a transfer.
Mrs. Rhodes testified in the after
noon. being the last witness for her.
self.
Manager Ballentyne was the sole
witness for the defense. His ey5 g}.ylce
related to distances, intended to : I'VE
the contrary of the old saw that 1.-THE
LONGEST way round is the quickest way
home. in other words, that the route
taken by the plaintiff was an inn
nosition on the company. An objection
that his evidence was not material to
the issue was sustained
Mr.. withington's address to the jury
was virtually an anticipatory plea ID
mitigation of damages.
Mr.. Highton argued eloquently for
the plaintiff. appealing to the feelings
of the jurors supposing their own
wives and daughters were any of them
placed in the situation Of the plaintiff
nv p1,blic expulsion from a street car
in the ram dlleI SoSoi-e1oA~
expla nations of her lack of transfer.
Judge Gear charged the jury plainly
that if they believed the evidence of
the occurrence in question they must
find a verdict for the plaintiff. In.
awarding damages they We're to give
reasonable compensation for the wrong
inflicted, having regard to the mental
as well as physical conditions wrought
upon the plaintiff.
Mr.. wilmington noted exceptions to
the courts charge.
The Jury retired about Alb and re-
turned at APO with a verdict for the
plaintiff. awarding her damages of
$500. This is half the amount claimed.
CRIMINAL COURT
The trial of H. C. Worth, first mate
of the ship Othello, for assault with a
weapon on japanese sailor aboard
that vessel, is set for 10 o'clock today
before Judge De Bolt.
Next in order as given here are the
trials of Kawamoto for an outrage and
Tokunaga for assault and battery with
a weapon.
At g O'Clock Vivian Richardson will
be called to plead to five indictments
for esnbezzlement of public money.
George Harrison is also to plead to
indictment for assault with intent to
commit murder.
A disposition of the murder case
against E. Nj. Jones is another item of
business for the first hour of the crini-
nal court this morning.
BIG FORECLOSURE SUIT.
f. a. Schaefer, Hermann Focke and
Wilhelm LAM, cepartners doing bust
ness under the firm name of F.. A.
Schaefer s. Co.. have brought bill in
equity for foreclosure of mortgage
against Maui Sugar Co., Ltd.
The amount claimed under a mort
gage made on May 10. 1902, an amenda-
tory agreement on June 20 and a claim
for advances made to respondent is
enc hundred and fifty thousand four
hundred and seventy eight dollars and
fifteen cents ($150, 47S.15).
Maui Sugar Co. was organized by
Chinese business men in the boom
times five years ago. Wong Kwai. the
venerable capitalist, is said to be in
terested in the company to the amount
of about S100, 900. He is among the
Chinese-Am citizens of Hawaii
and a registered voter, having acquir-
ed citizenship at annexation from his
Hawaiian citizenship Of many years
previous.
The plantation is situated at Hama
kualoa on the ahupuaa of Huelo, Ma
vi. It's land consists of seven Lease
holds For one of these the area is
not given in the complaint, but the
remaining six aggregate about 1856
acres
Judge Robinson, in issuing the sum-
mons returnable,s as all equity suits
require, in ten days, granted prayer
of compliments by appointing James
F. Morgan to take care Of and con-
serve the property mentioned in the
mortgage. 18th power and authority TO
employ such assistance as may be
necessary to execute the order.
NEW RESPONSIBILITIES
C. H. Judd ('Bonny') by his attor-
neys, Robertson & Wilder, petitions for
PRODUCTION OF alirnony from the amount
named in the decree of divorce grant
ed to his wife on Dec. Z. 1903. Since
that date, he alleges in an affidavit, a
guardian has been appointed for the
three minor children, so that hbellant
has been relieved of the care, main
tenance and education of said chill
OT6n, I1dl llDGll06 WOTkS TO- the
ker Ranch at Waimea. Island of Ha-
wall. at salary of $40 a month out
of which he has to pay SO month
house rent; that since said decree of
divorce was rendered, 1ibellee has
married again and is now liable for
the support and maintenance of said
second wife and her three children:
that the amount he receives as wages
is entirely Inadequate to pay said ali
mony and at the same time support
himself
CITATION OF GUARDIAN.
Chris. j. Holt, guardian of John Uni
and John Kalaa, minors, has been
summoned to appear before Judge
Gear at $50 a. m. tomorrow and show.
cause why he should not be discharged
as such, guardian for failure to pay
said minors the income of their estate
in conformance with the order of the