The Hawaiian gazette., 1905-02-10


Judge Robinson ruled that. there be-
ing nothing In the records To show that
any arrangement was made Tor the use
Of the deposition In this trial. the OBJ
lection was sustained.
The ruling destroys the basis ~ much
OF the famously long Hypothetical ques-
ton put 60 the medical experts at the
former trial.
DAMAGE CASE TRIAL.
w. q. Barnhart's suit for 5000 dam
ages against Honolulu Rapid Transit
& Land Co. for malicious prosecution.
was on trial before Judge De Bolt and
jury yesterday. 5. f. Chlllingworth,
A. S. Humphreys and c. \. Galbraith
appeared for plaintiff. ard u. L. with
ington for defendant.
Plaintiff is drayman on his own
account. He was moving a safe out
of store on Fort street opposite the
Club Stables. and the operation delay
ed an outbound Nuuanu avenue car.
for the passing of which Beretanla
and n Nuuanu car inbound. We're wait
|
perintendent Pratt of the defendant
company was coming into town on the
Nuuanu car and. seeing the blockade
farther on. left the car and went to
where plaintiff was at work with two
or three men. The safe had just been
placed on the dray and the skids were
being loaded on. Pratt asked Barnhart
to move his team so as to let the car
pass when Barnhart replied, I'm
minute old man." After little Pratt
repeated the request and received the
reply. Just as soon as / am ready"
whereon he stepped around and, taxi
ing one of the horses by the bride. led
the team across the street, thus clear
ing the track for the car to pass. Barn
hart ran after Pratt, seized him from
behind and pushed him. Pratt's face
came in contact with telephone pole,
causing a confusion over the right eye
and lump on the jaw. Pratt showed
a police badge on his coat lapel and
put Barnhart under arrest. He took
his prisoner to the corner of Fort and
Hotel streets and gave him In charge
of A. McDuffie. police officer. who
went to the patrol box and rang for
the patrol wagon. Barnhart objected
to being carried in the BLACK Maria"
without avail, and was driven therein
to the police station. Pratt walked to
the station and entered a charge OF
assault and battery against Barnhart.
who was released on deposting $25 bail.
After several continuances the case was
tried. with the result that Barnhart
was discharged. At the trial w. l..
Whitney. then connected with the law
firm of Castle & wilmington, appeared
for the prosecution and I'm answer to
Mr.. Humphreys, admitted that Castle
e wilmington were retained by the
Rapid Transit Co.
Foregoing Is a statement of facts not
disputed at present trial. Where stories
of witnesses on opposite sides diverged
were as to the readiness of the drayload
J to have the team moved and as to the
Rapid Transit Co.'S connection with the
prosecution of Barnhart. Attorney
wilmington, on the stand for the de-
Tense when the court adjourned for the
day, testified that Castle & Withing-
, ton were constantly retained by the
Rapid Transit Co., but specially paid
, by 1t for outside work. At the time OF
the trouble Manager Ballentyne advis-
: ed Pratt to drop the, prosecution and
? told the witness that II was no affair
] of the Rapid Transit Co. Pratt met
himself and Whitney at their office
= and witness told him he had a good
e case of assault and that Ballentyne
had no right to stop him prosecuting It,
3 on the day of the trial he told Whit
} ney to go to the police court with
t Barnhart. In impaneling the jury the
plaintiff challenged r.. Ivers. S. j. Allen
= castro and c. NJ. Cooke, Jr, and thf
: defendant f. w. Beardslee and ]. II
| Thompson. The following jury was ac-
s copied: +. NJ Cheatham, Jas, Steiner
a L. NJ. Vetlesen, NJ, j. Bissell Chris. j
I Willis, Ches. OSullivan, E. l.. Sharratt
: r. Ingham, Chas. Lambert, ]. w. Ran
kin. S. X. Kamaiopili and NJ. Brasch
n Witnesses called for the plaintiff
v We're: w. o. Barnhart, Geo. w. Smith
q Ed Towse, John s. Andrade, A. Nc
g Duffie Leon M. Straus, S. f. Chilling
q WORTH Arthur M. Brown C. +. Chill
n lingworth and Clinton G. Ballentyne.
v When the plaintiff rested the defend
Il ant moved for a non-suit, which wa
a argued in absence of the jury and de
II MED.
i tyne. Attorney Whitney, Superintend
ent Pratt, Motorman w. Stansbury
l. Conductor Elias Jonas and Attorne
II Wilmington were called.
1t DECISION RENDERED.
Judge De Bolt has rendered a decls
ion in the case of Whitney & Marsh
Ltd, VS.. Elizabeth X Pratt. award
ing the plaintiff $51.5O with interest a
= per cent. from October 25 1902, attor
l. ney's fees and costs of court. Jury wa
" waived. Defendant made no appear
d ance. Thayer & Hemenway represent
'e ed the plaintiff.
~ EXECUTION MISCARRIES.
TO L. A. Andrews, sheriff of Hawaii, RI
Nv turns the writ of execution for $685.,
i'd in the suit of II. Hackfeld & Co., Ltd
~ VS.. Iokua Maluo as "unserved, the tin
for service having expired" When II
,g writ was handed in to his office on No
b. 2. 1t was with a request that service