The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-06-28

/ STRUGGLE FOR VERDICT.
At $3.50 the jury came into court, the
Jurors with hats in hand. Before Mr.
Parmelee could say anything, Mr.. Blake
said jocosely:
when you see us with our hats, you
| may think OF asking If we have ar
rived at a verdict"
The Court-"Have you a verdict?"
Mr.. Parmelee-"Your Honor, we are
hopelessly disagreed"
Seven to five" one juror said.
Eight to four" another corrected.
The Court-"I must tell you, gentle
men, that you cannot get home tonight
unless you bring in a verdict"
| Mr. Marks-"There's no place like
this"
Attorney Kinney-"There's no place
| like home"
Mr. Marks said at first they were split
in three-5, 4, 3, but finally had become
reduced to two factions.
| Judge Gear said then they had chang
ed, and with little more deliberation
might further change.
Mr. Sullivan-"Its dollars to cents,
your Honor, that Wen stay till next st.
lay NIthoul btltilb &. N'i
Dict
Attorney Magoon suggested more in
structions.
1--WE have too many instructions now,
that's the trouble" Mr.. Frazier re-
torted.
Attorney Kinney said his experience
led him to believe that the prospect of
verdict was hopeless. Later he ex-
planned that If it were only two or three
jurors who gave up the effort there was
chance, but none where the whole
jury We're agreed that they could not
| agree.
Attorney Magoon said the jury ought
to return a verdict at least with refer
ence to the Kalaeloa land, on which
the court had directed a finding.
Mr.. Marks understood that one land
went with the other.
The Court-"You are speaking of the
second suit. You have nothing to do
with that"
Mr.. Vickers asserted he knew all
about that. 1t referred to the Bates
property.
Attorney Magoon explained that
there We're two pieces in this suit
the Bates and small piece of the Ka-
laeloa land.
Mr.. Frazier seemed to see a light
here, as he said he thought they could
reconsider the matter.
Judge Gear-"The court has peremp-
torily instructed you as to the small
piece"
Mr.. Vickers wanted to ask: when
Pitman sold to Spencer, was it down to
certain point by metes and bounds
or to low water mark?"
ITO the mauka side of Front street."
Attorney Stanley answered.
At this stage it was agreed to give
the jury the map and the award.
Mr.. Vickers-"When Pitman sold to
Spencer why didn't he sell him the
beach," Uaughter)
The Court-"When Pitman sold to
Spencer he did not convey the same
piece of land as Kamehameha III. con-
veyed to Bates, but just what was de-
scribed by metes and bounds"
| AS the jurors We're retiring for an
other session. Judge Gear called them
back and thus admonished them:
please consider your verdict first
and any little game afterward."
Juror-"When we come to any
point where we cannot agree, a little
game of cards is in order"
THE JURY PANEL.
r. B. Clark, j. ]. Sullivan, BENZ.
Vickers, Louis Marks, Douglas Kaona.
Charles e. Frazier, Frank Armstrong,
a. r. Gurrey, Jr., II. A. Parmelee,
Frank E. Blake, r. w. Atkinson and
j. w. Bergstrom are the names of the
jurors trying the case.
NO RESULT.
AT 11:26 p. m the jury had not agreed
and Judge Gear ordered rooms for them
at the Hawaiian Hotel.
COURT NOTES.
William McCandless by his solicitors,
j. Alfred Magoon and j. Lightfoot, de-
murs to the bill to restrain obstruc-
tion of highway brought by the Ter
ritory of Hawaii on the relation of
Lorrin Andrews, Attorney General,
saying that it .'is without equity on
its face" and does not state facts suf-
ticient to constitute a cause of action
in equity"
Judgment by default against defend
ant in the suit of the Won Hamm-
Young Co., Ltd, VS.. Noah Kauhane
was ordered by Judge De Bolt for $500
principal, $lO2.OS interest and $i3.55
costs, total of s6i563.
WIN Il. Fisher and +. ]. Dutra, ap-
praisers. return the value of the estate
of Candido Gracia, deceased, as $1343.
Judge Robinson will render a decision
fhiG Ia, . ba i,,J,, -
John Lucas against the Superintendent
of Public Works ct al, relative to the
Brewers wharf contract.
The April term of the First Circuit
Court expires today
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