The Hawaiian gazette., 1904-03-04

AL ll!oV last nlBnt, a1ter an absence
of two hours and thrty-f minutes,
the jury rendered verdict for $4,000
damages for Mr.. Riley.
w. r. Riley's suit for $4,000 damages
against the Metropolitan Meat Co., on
| account Of injury to a leg from n run
away. went to the jury before Judge
De Bolt at 9:15 last night. >Prior to that
the evening session was devoted to ar
gument on instructions and the delivery
of the courts instructions to the jury.
At the opening of the court in the
morning the cross-examination of DR..
Geo. Waldo Burgess by Mr.. Douthitt,
for the defendant, was concluded.
Mr.. Stanley, for the defendant, asked
that an X-ray picture of plaintiffs knee
be produced. but the court denied the
request.
Mr.. Dunno. for the plaintiff, placed
in evidence the mortality table in the
American and English Encyclopedia of
| Law.
| Drs. j. T. Wayson and A. G. Hodgins
were called for the plaintiff and the
formers bill to Mr.. Riley for s2O1 was
put in evidence
| Mr.. Stanley called, for the defendant,
DR.. c. b. Wood, Or. st. d. G. Walters,
Marston Campbell, Mrs. Annie Atwater,
G.. Jewett and Tax Assessor Jas. l..
Holt.
Finally, Messrs. Dunno and Ball call
ed Mr.. Riley to rebut evidence of the
defendant.
DAVIS SHUT OUT.
Judge De Bolt yesterday morning
rendered the decision of the Judges of
the First Circuit, signing it alone as
First Judge, sin the matter of the petit
ton of George A. Davis for admission
to the bar of the Circuit Court of the
First Judicial Circuit OF the Territory
of Hawaii" 1t is in the words follow
ing:
Petitioner, Notwithstanding the or
der of the Supreme Court Q5 Haw. 22O)
that he be 'disbarred and that his name
be stricken from the roll of attorneys
and counsellors of the courts of this
Territory now presents his petition tol
this court, praying that he may be now
admitted a member of the bar of this
court and that he may have his name
enrolled upon the records of this hon
orable court as an attorney and coun-
sellor thereof.
THE order of the Supreme Court,
however, is binding upon this court ana
the judges thereof.
The petition is denied"
BASELESS APPEAL.
An appeal from Kauai has been dis =
missed by the Supreme Court because it
was found to have no basis whatever.
Curiously enough the appellant is
lawyer defending his own case. JUS
tice Galbraith writes the opinion of the
court, which is as follows:
"Assumpsit before the District Magis-
trate, at Lihue, Island of Kauai for
balance claimed on account for lumber
and material sold and delivered by. the |
plaintiff to the defendant Judgment
was rendered for the plaintiff in the
sum Of $500, attorneys commission and
costs of court.
THE defendant appealed to this court
on points of law. Three points We're
set out in the certificate, but two of
these are abandoned and the point re-
lied on is that the magistrate erred in
refusing to permit the defendants wit
ness, II. Onokea, to testify.
The transcript OF The evidence shows
that Tom Onokea testified as n wit ,
ness in the case. 1t does not appear
from the transcript or otherwise that
any testimony was offered and rejected
or that any witness was denied the
privilege of testifying on behalf of the
defendant. If there was any error Of
this character committed by the magis- !
trate, during the course of the trial, !
there Is no evidence of it in the record. !
No question OF law is presented by this
point.
I'VE have searched the record in vain
for some plausible ground for this APP
peal and are forced to the conclusion
that no meritorious excuse Is presented
for the presence of this case in this
Court at this time.
THE appeal is dismissed and the
cause is remanded to the District
Magistrate for such further proceedings
as may be necessary"
John ID. Willard and Chas. F. Peter
son for plaintiff; $. X. Kaeo, in person,
and A. G. Correa of counsel.
LIABILITY OF PARTNERS.
The Supreme Court by Chief Justice
Frear has rendered an opinion affirm
ing Judgment of the District Court of
Honolulu in the case of Jan Ban VS.,
Tsen kui, Tsen Ngan and Tsen Shoon,
partners under the name of Wo Yick.
1t was an assumpst suit for Sl72 bal
ance of loan of $500 to the defendant ,
partners. After they had paid 500 the
defendant Tsen Vim bought out the
other partners and continued to conduct
the business alone. He gave note for ,
the balance, s272. after which two pay |
ments each of $50 We're made, leaving {
the Sl12 now sued for unpaid.