The Hawaiian gazette., 1904-05-06
MRS. RHODES
GETS $500
Case Left Slight
Option With
Jury.
tFrom Wednesdays Advertiser)

shortly after p. m. Monday, unit
two minutes before IL m. yesterday
in his wifes suit for damages agains
the Honolulu Rapid Transit & Lane
Co. For a great portion of the time
however he was excused while counse
argued a demurrer and disputed ovei
fine points of evidence.
Judge Gear overruled the demurrer
There was controversy as to whether
the action should be regarded as one
upon the contract, this being involved
in the five-cent fare paid by the plain
tiff, or one of tort for her election
from the second car after having been
refused a transfer by the conductor
of the first car. Judge Gear ruled that
the question was immaterial IL and
when it came to the matter of dam
ages, since the results of the supposed
breach of contract were practically the
same whether the plaintiff had been
obliged to walk from where she alight-
ed from the first car or from the place
where she was elected from the Sec
ond one. The entire injury arose from
the refusal of the transfer.
Mr. Wilmington, in the course of
argument, intimated that the defen-
dant would contest the presumption Of
its legal obligation to give eastbound
transfers from westbound cars at Lii
liha street. The Dickey decision, di-
rectly affecting transfers at Punahou,
was brought into the contention but
Mr. Wilmington did not intend to fight
that part of the defense until further
evidence was taken.
Mr.. Highton stood out on the ad-
mission of Manager Ballentyne that
conductors We're instructed to give
back trip transfers from one line to
another at Liliha street. A partial an
swer to this was that the instructions
were to give such transfers only when
asked for, the conductors not to offer
them voluntarily.
Mr.. Rhodes was severely cross-eX-
amined as to whether he had not been
after the scalp of the King street
conductor who had put his wife off
in the rain, though admittedly carry
ing out the plain rules with respect to
passengers not paying fare or present.
ing transfers, while regarding lenient-
ly the conductor who had caused all
the trouble by 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 evidence
related to distances, intended to prove
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 i'm
position 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 in
mitigation of damages.
Mr.. Hishton 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 /,
by public expulsion from a street car
in the rain after making reasonable |
explanations of her lack of a transfer. |
Judge Gear charged the jury plainly
that if they believed the evidence of
the occurrence in question they must
find verdict for the plaintiff. In
awarding damages they were to give
'tdStidpit lptllSdtlOH LOT 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 4:2O with a verdict for the
awarding her damages of
$500. This is half the amount claimed.
CRIMINAL COURT.
The trial of II. C. Worth, first mate
of the ship Othello, for assault with a
weapon on a 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
d weapon.
AT o'clock Vivian Richardson will
be called to plead to five indictments
for embezzlement 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 Il. NJ. Jones is another item of
business for the first hour of the crimi-
nal court this morning.
BIG FORECLOSURE SUIT.
i, A. schaefer, Hermann Focke and
Wilhelm Lang copartners doing busi-
ness under the firm name of II. A.
sehaefer Co, have brought bill In
equity for foreclosure OF mortgage
against Maui Sugar Co., Ltd.
The amount claimed under a mort
Iasr made on May 49, 1902 an amenda-
ory agreement on June 20 ana claim
ar advances made Co respondent ID
ne hpn ifed ana my thousand four
hundred ana seventy oiRht d0llafa aud
lfle'n cents uih0alslbl,
haul sugar co Was organised by
lhlneHp business mrn Ia ihn h0nm
lilifv nle lfpip agp Mans kNel ihe Z
'fhrlAbls capitalist Ia sail ~ b. IN,
sfFFlel N lhp nampany 81 lhp amount
y Hhpnl llp9 po9 ~ h amona ths
'hinfHf AWplllan rlllffna Nj liaWali
nd ffHlriflri feipr h8flHs Aeaufl.