The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-06-25

port after dining. MI Marks stated
that they were "hopelessly divided
after repeated balloting.
Judge Gear answered that these COM
munications were only an evidence of
weakness. They should not give up
after a less than three hours attempt.
STRUGGLE FOR VERDICT.
AT $3.50 the jury came into court, the
Jurors with hats in hand. Before Mr.
Parlnelee could say anything, Mr.. Blake
said loosely:
when you see US with our hats, you
NAV think of asking if we have ar
rived at a verdict
The Court-''Iave you verdict?"
Mr.. Parmelee-:'Your Honor, we are
hopelessly disagreed
"Seyen to five one juror said.
Eight to four" another corrected.
The Court 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-"Theres no place
like home.''
Mr.. Marks said at first they We're split
in three, 4, 8, but finally had become
reduced to two factions,
Judge Gear said then they had chang
ed, and with a little more elaboration
might further change.
Mr.. SulIivan-"It's dollars to cents,
your Honor, that We'll stay till next st.
Patrick's Day without getting a yer
dict"
Attorney Magoon suggested more in
structions.
I'VE 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
a verdict was hopeless. Later he ex-
planned that if it We're only two or three
jurors who gave up the effort there was
a chance, but none where the whole
jury were agreed that they could not
agree.
Attorney Magoon said the jury ought
to return a verdict at least with refer
ence to the KalaeIoa 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 It referred to the Bates
property.
Attorney Magoon explained that
there We're two pieces in this suit
the Bates and a 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
a 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?" Oaughter.)
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."
A Juror-'When we come to any
point where We cannot agree, little
game of cards is in order"
THE JURY PANEL.
E. B. Clark, j. J. Sullivan, BENZ.
Vickers, Louis Marks, Douglas Kaona.
Charles E. Frazier, Frank Armstrong,
A. r. Gurrey, Jr., H. A. Parmelee,
Frank E. Blake, R. w. Atkinson and
j. w. Bergstrom are the names of the
jurors trying the case.
NO RESULT.
At 1925 p. m. the jury had not agreed
and Judge Gear ordered rooms for them
at the Hawaiian Hotel.
COURT NOTES.
William McCandIess by his solicitors,
]. Alfred Magoon and ]. Lightfoot, de-
murs to the bill to restrain obstruc-
ton of highway brought by the Ter
ritory of Hawaii on the relation of
Lorrin Andrews, Attorney General,
saying that it lis without equity on
its face" and does not state facts suf-
hclent to constitute a cause of action
in equity"
JudShlehI py detau1t 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, $102.0S interest and $43.5 50
costs, a total of S645. So
VIII E. Fisher and =. ]. Dutra, ap-
praisers, return the value of the estate
OF Candida Gracia, deceased, as $1343.
Judge Robinson will render a decision
this morning in the injunction suit of
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
NOVELTY IN FLOWERS. a GREEN
PRIMROSE.