The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-31
new TRIAL
Is REFUSED
Judge De Bolt Tells All
About Newspaper
Surprise.

| late yesterday afternoon, Judge De
Bolt overruled the motion for a new
trial made by defendants in the
ejectment suit of c. A. Brown against
John D. Spreckels and others.
| Mr.. Kinney noted exceptions and the
| case will bob up again in the Supreme
| Court
| The hearing on plaintiffs bill of
| costa large one covering six jury
| trials and some appeals decided by the
| Supreme Court-was set for this day
| two weeks at 9 a. m Mr. Magoon
| fought for an earlier hearing, but the
| court thought the time given only
| reasonable.
JCRY'S MISCONDUCT.
Judge De Bolt started with his deci-
sion Immediately on the conclusion of
| argument which had taken the regular
court hours of two days. Technically
the motion for new trial was based
on alleged misconduct of the jury
This, as Mr.. Kinney urged, consisted
| in the jury's disobedience of the lad
monition of the court not to read the
evening papers of March or the
morning paper of March 8, particular
ly that part of their contents which
gave Judge De Bolts remarks to coun-
sci. in the absence of the jury init
mating possibility that If a verdict
We're returned for the defendants he
might grant a motion for new trial.
These remarks We're made while the
court was overruling a motion for
directed verdict for the plaintiff
The courts remarks, moreover when
their publication was made known in
open court were the occasion of
scene between counsel one afternoon,
and explanations demanded and given,
followed by an exchange of apologies
and restoration of serenity the follow
ing morning. Then the case went to
the jury, resulting after some hours
in blanket verdict for plaintiff.
DISCOVERIES
Shortly afterward counsel for de-
PENDANTS made discoveries which cauS-
ed them to repent of their concessions
regarding the new remarks. They
filed a motion for a new trial, backed
by aff1davits to show that the publ
cation of the Judges remarks was
not so innocent as they had conceived
and conceded
Counter-affidavits We're filed in pro-
fusion, including a batch from all of
the twelve Jurors. individually. saying
that the courts remarks" had not
influenced their verdict: Then, yester-
day morning, Mr.. Kinney fled-Mr
Magoon strongly resisting-responsiv
affidavits from two of the jurors to the
effect that they really had been in
f1uenced and that their previous affi-
davits were in manner coaxed. One
went so far as to say that six jurors
were holding out for the defendants,
but that the other six metaphorically
put their backs against the stone wall
of the courts remarks.
HISTORY OF TROUBLE.
Judge De Bolt gave a detailed his
tory, partly from the record and the
rest from the best of his recollection,
of the facts and circumstances bear
ing on the motion. He made the adj
mitted remarks while cutting Mr..
short in arguing for di-
rected verdict. by way of explanation
to him for not desiring a conclusion |
of his argument while ruling against |
him. AS a matter of fact, he having |
the case closely from day to |
day he was strongly impressed with |
the force of Mr.. Lightfoot's argument, |
yet all things considered thought the |
Jury should be allowed to decide the |
facts. At the time he made the re
marks only two or three spectators
were present, and especially no news
pa per reporter.
When he discovered that the re-
marks had appeared in an afternoon
paper Judge De Bolt, to the best OF
his recollection, was coupling with the
usual admonition to the jury, on dis
them over night, request
that they should not read any of that
days evening papers nor the morning
paper of the following day. While do
ng so Mr.. Kinney interviewed with a
statement that the defendants had no
objection to the jury's reading the pa
oers I'VE do not ask for such an or
Ter we will take our chances is what
he court recollected Mr.. Kinney to
lave said This was after scene
brought on by a remark of Mr.. Kin
?ey's. The hand that shipped THAI
photograph is the hand that put that
article in the Bulletin
Mr.. Stanley, of plaintiffs counsel,
,ext morning reopened the sore by
.sking for an investigation The court +;
nough matter for discussion. say
rg, You gentlemen are trying to
make a mountain out of a molehill |
Iowever. witnesses were called VINO
leared the plaintiff and his counsel
+ collision in the publication and !
,fter an exchange of apologies between {
Kinney and Magoon. everything APP
eared smooth and serene" as Judge
)e Bolt now put it.
His conclusion was that Mr.. Kinney '
ad distinctly waived objections to the
lry's newspaper reading
Arguments were finished. The court
ave it's instructions and concluded by
to bring to the MINDS OF C
he jurors their duty totally TO us @
egard the publications in the news
apers and not to be influenced py
nything out the law and the evil
hn history l.