The Hawaiian gazette., 1906-04-03
NEW TRIAL
is REFUSED
From Saturdays Advertlser)

-jectmcnt suit OF G. A. Brown against
John u Spreckeis and others
Mr. Kinney noted exceptions and the
case viii bob up again in the Supreme
Court.
The hearing on plaintiffs bill OF
costs-a large one covering six jury
trials and some appeals decided by the
Supreme Court-was set for this day
two weeks at . a. m. Mr. Magoon
fought for an earlier hearing, but the
court thought the time given only
reasonable.
JCRY'S MISCONDUCT.
Judge he 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
i'm the jury's disobedience of the "ad-
monition of the court not TO read the
evening papers of March or the
morning paper of March s, particular
~ that part Of their contents which
gave Judge De Bolts remarks to coun-
sell i'm the absence of the jury, intl-
mating possibility that If verdict
were returned for the defendants he
might grant motion for a new trial.
These remarks were made while the
court was overruling a motion for a
directed verdict for the plaintiff.
The courts remarks, moreover when
their publication was made known in
open court were the occasion of a
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 motion for a new trial, backed
by affidavits to show that the pubi-
cation of the Judges remarks" was
not so innocent as they had conceived
and conceded
Counter-afiidavits were 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 filed-Mr.
Magoon strongly resisting-responsive
afidavits from two of the Jurors to the
effect that they really had been in
! fuenced and that their previous affi-
davits were in a 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 ad-
mitted remarks while cutting Mr..
Lightfoot short in arguing for a di-
rected verdict by way of explanation
to him for not desiring a conclusion
of his argument while ruling against
! him. As matter of fact, he having
/ followed the case closely from day tC
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
paper 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 thu
usual admonition to the jury, on dis
missing them over night, a reques
that they should not read any of tina
days evening papers nor the morning
paper of the following day. While do
ing so Mr.. Kinney intervened with {
statement that the defendants had NJ
objection to the jury's reading the pa
pers I'VE do not ask for such an or
der we will take our chances" is wha
the court reColleCted Mr. Kinney I,
have said. This was after seen,
brought on by a remark of Mr.. Kin
reys The hand that shipped tina
photograph is the hand that put tina
article in the Bulletin"
Mr.. Stanley, of plaintiff's counsel
next morning reopened the sore b.
asking for an investigation. The cour
At IISl NIuuSlA II was llbl
enough a matter for discussion. say
. ing, You gentlemen are trying L
make a mountain out of a molehill.
However, witnesses We're called VIII
cleared the plaintiff and his counse
OF colusion in the publication and
after an exchange of apologies between
Kinney and Magoon, everything ap
peared smooth ana serene" as Judg
DE Bolt now put II.
His conclusion was that Mr.. Kline.
had distinctly waived objections 10 IN
jurys newspaper reading.
Arguments were finished, The cour
gave It's Instructions and concluded b.
endeayoring 10 bring to the minds a
the jurors their duty totally 10 dis
p regard the publications In the news
papers ana not to be influenced b.
. anything nut the law aud the eNi
.druce" This completed the history
THE FINDINGS.
& 7 Judge De Bolt then delivered nj
, findings as follows, hero very muc
] guuicusrii
: Nruher plaintiff nor hls counsel wer
in amy way responsible fnr tho pub
, ll'at.Du ho believed counsel fur d'
; f'nianis bad now got ihat Into thol
hrHdr Tho remarks wrrr not ln