The Hawaiian gazette., 1904-05-03
DAMAGES
FOR WRONG
Mrs. Rhodes Suit
Against Rapid
Transit Co.

Mary a. Rhodes VS.. Honolulu Rapic
Transit & Land Co., damages, came or
for jury trial before Judge Gear
Henry E. Highton appeared for plain.
tiff Castle K Wilmington and w. l.
Whitney for defendant. The following
Jurors, being the first twelve called, were
passed for cause and then found salts
factory by both sides: Frank J. Dutra
Douglas Kaona, Emil A. Berndt, +. +
Blake II. A. Parmelee, L. r. Biven
Frank II. Armstrong, J. J. Egan, James
Brown, ]. J. Sullivan, b. +. Vickers and
John A. McCandless.
When the trial had barely started, Mr.
Wilmington moved to dismiss the case
as the complaint did not state cause OF
action. Argument ensuing the jury was
excused until p. m, when Judge Gear
noted by defendant and the trial pro-
cceded.
c. G.. Ballentyne, manager of de-
PENDANT, was the first witness and testi-
fled to certain things about the running
OF cars between town and the Liliha
street transfer station.
Charles l.. Rhodes, city editor of the
Hawaiian Star, gave evidence of the cir
cumstances under which the plaintiff,
Mrs. Rhodes, was elected from car on
the King street line, which formed the
ground of complaint. The afternoon of
the day the incident happened Mr..
| Rhodes had an interview with Mr.. Pratt,
superintendent of traffic for defendant,
whom he told he came ito register a
strong kick" and who answered him,
on hearing the circumstances, to the eff
feet that witness had good grounds for
kicking.
Witness next day, having heard that
the conductor on the Hotel street line
who refused his wife transfer to King
street had been discharged, while the
King street conductor who put her off
the car after being told she had been re-
fused a transfer was retained in employ,
went to see Mr.. Ballentyne. Questions
as to what was said at the interviews
with the officials named were objected to
by Mr. Wilmington Mr.. Highton ex-
planned they were for the purpose of
bringing out admissions made bysMessrs.
Pratt and Ballentyne, and on this,under-
standing Judge Gear allowed the ex-
animation to proceed, Mr. Wilmington
noting exceptions.
AS to Mr.. Pratt, his admission is re-
ported above. When it came to the in
terview with Mr.. Ballentyne, the wit
ness was in the midst of the relation of
an hours argument between Mr.. Bal
lentyne and himself, when an objection
was allowed and the testimony ordered
struck out. r
What Mr.. Rhodes had come to when
checked was that he had asked Mr.. Bal
lentyne If it were not well for him to
consider public opinion before sustain
ing conductor in putting woman off
car under the circumstances stated,
TO which Mr.. Ballentyne's reply was in
substance a reference to the company's
charter as showing that the company
was independent OF the public so far as
legislative interference went. In answer
to this Mr.. Rhodes had told him that he
knew OF transportation companies else
where which were rudely awakened from
the dreams of security from public opin-
ions influence in which they had in
dulged under their charters.
1t was testified that the King street
conductor was retained i'll service be-
cause he strictly construed the companys
rules, where's the Hotel street conductor
was discharged because he admitted he
had not read the orders posted i'll the
power house which, for some days pre-
viouS to the incident i'll question, re-
CURED that transfers be given from the
Hotel street to the King street line i'll
either direction at Liliha street.
Mr. Rhodes was still on the stand
when the court rose for the day at 4
p, m, a great deal OF the afternoon hay
ing been consumed in wrangling of
counsel over the admissibility OF evil
dencc.
OTHER CIVIL CAUSES.
llu Yong vs., 5, NJ. Damon ct al. was
continued Till Monday, May 81 for
hearing Judge Gear denying motion
iur continuance tlll next terul
Territory %, iawail vs., Cotton Bros,
x Co, action to recover the value Of
the Government drcdgc lost while IN the
hands ut the attendants was continued
tll the same date, Ia iallow the prs
gelluH ease
DEFENDANT RELEASED
w. s Fleming Assistant Attorney
iWgIHl Yesterday wirrl a noble p0,
coon ml lks, HlWul ur ,.llng mali
WuuT without lNrmr Ihe Nhp bod
mYu WMM ipW lN nipI nh m lhr
,AkWl4I un saturday aH b NAuAW u
lulI W lrut M l.IuIW AUfi
rRnhAIf NAllfR6
ldW ~ Nm aWHli l0 rnl
.W I uIiH.I Il0 10. 1888 Hi 4