The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-09
.SPRECktLS
IS OUSTfO
e. A. Brown Obtains a
Verdict for HiIo
Property.

After an absence of more than five
hours the jury before Judge De Bolt
yesterday afternoon rendered a verdict
for the plaintiff in the ejectment suit
of c. A. Brown vs. J. D. Spreckels
Hilo waterfront. There We're different
schedules of property at issue, but all
that the jury said was, I'VE the jury
! in the above entitled cause find for the
plaintiff This carries the whole
| works for Mr.. Brown. Mr.. Ballou for
the defendants noted exceptions and
gave notice of motion for a new trial
Pending an appeal to the Supreme
Court, for which that motion paves the
way, the agony of seven years litiga-
ton is ended by this verdict. 1t has
been long category of trial, appeal,
new trial. change of venue, mistrial
and this latest trial lasting nearly four
weeks. The case has been in the
courts of three judicial circuits. as well
as the Supreme Court. and probably
a dozen judges have heard some
phases of it, besides the multitude of
jurors who have given ear to the whole
controversy.
A PASSING BREEZE
j. A. Magoon's closing address for
the plaintiff occupied nearly all of yes
terday morning. from to Il, one little
episode alone taking from his time.
This was a breeze that sprung up
about Judge De Bolts published re-
marks, made the previous day in the
iurys absence, indicating that he was
inclined in favor of the plaintiff.
Counsel for the defendants intimated d
suspicion that counsel for the plain
tiff gave the remarks to the press but
The reporter of the afternoon paper
that first published the remarks, being
called 10 the stand, testified that the
source of his information was an un-
official stenographer. All insinuationa
we're then taken back and the court
instructed the jury to pay no heed to
the remarks in question.
MAGOON'S ADDRESS.
In his address Mr.. Magoon expound-
ed the law of adverse possession and
it's elements. AS against a paper title,
such as plaintiff held, the burden of
proof was on anyone contesting it by
adverse possession. Spreckels and his
associates the speaker characterized as
nothing but squatters on the property. |
An essential element of adverse pos |
session was continuity for the period |
of the statutory limitation, which UNI
fnrs Tho n16 lou hi
was twenty years. and there was |
nothing like such a period of adverse /
possession shown in this case. Neither /
the late Captain Tom Spencer nor
Spreckels had ventured to make such |
on the land as would |
show that they conceived they had I'll
tie to it. Spreckels collected rent for
4 few rickety shacks thereon. though
by the erection of presentable build
in;;s upon it the property would have
returned a revenue of $1,000 to $4,000
q year.
All that was shown of Spencer's acts
to indicate title consisted in his occa-
sional piling of potatoes and onions on
he beach and spreading of ill-smelling
hides upon a stone fence. 1t was as
to Mr.. Magoon to hear Mr..
a man at the head of the bar,
Use such odorous evidence to make out
l case-evidence that must stink in |
he nostrils of sensible men"
AS to continuity again. the speaker
quoted evidence to show five distinct
breaks in the occupancy by Spencer of
he land under which this beach prop
erty was claimed. Once his land was
I'll taken over by an assignee in bank
uptcy. George Macfarlane bought
md sold ri of 10 b1Yt |
'pencer's title to the portion in dis
,ute.
THE JURORS EXCUSED.
Judge De Bolt, after the rendition of
he verdict, thanked the jurors for
their honest and earnest endeavors
n the interests of justice" There was
10 other case set for trial and he
bought all the jurors might be ex-
used until notified Some had been
Promised release for the term. and he
sked all who wished to be excused |
psolutely to raise their hands Twelve
ands went up and the court said !
You are all excused absolutely for the
erm.''
The jurors in the Brown vs. Spreck-l =
is case. empaneled on February Is and
ngaged that and every court day
ince in the trial. were r. H P. Lish-
nan, Chas. H. Pfeiffer James f. Jae-
er, A. NJ. Mellis, VIM. Buckle. Geo.
: Cowan, Henry P Benson, T. w
'hase. j. Mitchell, Frank c. Atherton,
ienry w. Doane and Geo C. Fuller.
l