The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-02-12
CASE TAKES
new PHASE
CIaimsAbandoned
in Course of
Trial.

|
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
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
Is asked for time until this morning to
prepare for putting on the defense in
view of the changed status. This was
granted, while the jury We're excused
until 2 p. m. today. The court ad-
| journed for the day at 2:45.
]. ]. Egan and Philip F. Frear, COM
plainants in the name of Capital Build
| ing Co., claimed s35,937.5O damages, to-
gether with interest from July 10, 1902,
| costs and attorneys fee, on account of
breach Of agreement to finance a
building scheme. This was the cree
ton of business structure on the lot
between the Alexander Young building
and the Y. M. C. A. building in Hotel
street. The items dropped yesterday
by Mr.. Kinney take $4,000 off the total
claim. For breach of agreements with
O. b 4
and Hawaiian Engineering & Con-
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 were acting as such
agents, the compliments themselves
procured an agreement from 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
Watson, convicted of assault and bat
terry on his wife, to pay fine of 500
and $3.50 costs. Pending determine
ton of motion for a new trial defend
ants bail was fixed at 500.
Hamoa's trial for lewd and lascivious
behavior was set for trial today. A.
III. 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 deadly weapon. Attor-
ney General Andrews prosecuted, and
r. A. Mott-Smith appeared for the de-
Tense. The following jurors were
found satisfactory by both sides as
drawn: e. r. Bivens, Sam X. Kama
kau. II. C. Brown, Samuel Nowlein, S.
William Spencer, John C, Lane, Albert
Lucas, j. c. Cohen, Edward Dekum,
w. l.. Fletcher, Clarence II. Cooke and
J. M. Dowsett. When the prosecution
rested, Mr. Mott-Smith moved for a
directed verdict, of acquittal. This +
was denied and the case for theN de-
'ense then started. Owing to the
darkness of the courtroom from the
aging storm, the court adjourned half
IN hour before the usual time.
CASES JURY WAIVED.
Owing to parties agreeing to waive
ury 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,
ssumpsit, will be tried without a jury
oday.
Fanny Love, administrators of the
state of r. Love, VS.. z. c. Copeland
ury waived was set for trial on the
9th inst
HEAVY SURCHARGE.
Judge De Bolt made an order yester-
'ay III tiie Ol the estate OF
Thomas Cummins, deceased. 1t de-
rees all of the recommendations of
Henry Smith, master whereby Bruce
administrator, is surcharg-
d with nearly a thousand dollars The
TENS of surcharge are 1851 as interest
N the principal of the estate for the
line it remained uninvested, $340.S0 for
commission overcharged and $50 taxes ,
aid on $4,000 of uninvested principal, a
otal of s961.s0. The sale of forty
hares of stock in the Wailuku Sugar ,
20. to the late Thomas Jefferson Cum
aims Is approved. 1t Is further order I
d that the administrator be allowed
counsel fee of 500 and masters fee :
f $3.50, both to be paid by the estate.
nd that sl9.40 be paid to ]. A. Thomp-
ON and $l0,50 to Geo. c. Sea by Mrs. !
iaria King and Mrs. Elizabeth Fair ,