The Hawaiian gazette., 1906-03-09
SPRECEELS
Is BUSTED

After an absence OF more than 1--WE
hours the Jury before Judge DE bnlt
yesterday afternoon rendered vcrdict
FOR the plamun go the ejectment SUIT
of c. A. Brown vs.. j. y. sprockels
and others. for certain property ON the
Hno waterfront There were different
schedules OF property at issue but al
that the jury said was I'VE the jury
In the above entitled cause find for the
plaintin" This carries tine whole
works for Mr. Brown. Mir Ballou Tor
the defendants noted exceptions and
gave notice OF motion for a new trial
Pending an appeal 90 the supreme
Court. for which that motion paves thu
way. the agony OF seven years lltiga-
tion is ended by this verdict u 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
dozen judges have heard some
phases Of il. besides the multitude OF
jurors who have given ear to the whole
controversy.
A PASSING BREEZE.
]. A. Magoon's closing address for
the plaintiff occupied nearly an Of yes
terday morning. from 20 y. 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 cay in the
iury's absence. indicating that he was
inclined IN favor Of The plaintiff.
Counsel for the defendants inlmat~d
suspicion that counsel for the plain
tiff gave the remarks 10 the press. but
the reporter Of the afternoon paper
that first published the remarks. being
called 20 the stand. testified that the
source Of his information was an IN
official stenograpbeT. All insinuatiOnz
we're then taken back and the c0ur-
instructed the jury TO pay no heed 70
the remarks in question.
MAGOON's ADDRESS.
In his address Mr.. Magoon expOund-
ed the law Of adverse possession and
its elements. As against a paper title.
such as plaintiff held. the burden OF
proof was on anyone cOntesting II 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 IN
der the old law governing this case
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 yentured TO make such
Improvements on the land as would
show that they conceived thsy,-hSd IL
tie 20 IL Spreckels collected rent for
a few rickety shaeks thereon. though
by the erection Of presentable build
ings upon it the property would have
returned a revenue Of 5000 10 5000
a year.
All that was shown Of Spencer's acts
to indicate title consisted IN his Occa-
sional piling Of potatoes and onions or
the beach and spreading Of ill-smelling
hides upon a stone fence. II was as
toniEhing 20 8r. Nagoon TO hear MI
Kinney. a man at the head Of the bar.
use such odorous evidence to make out
a case-eyideDce that must stink in
the nostr+ls Of sensible men"
As TO continuity. again. the speaker
quoted evidence to show 1--WE distinct
breaks I'm the occupancy by Spencer Of
the land under which this beach prop
erty was claimed. Once his land was
all taken over by an assignee IN bank
ruptcy. George Nacfarlane bought
and sold part Of the land. but his testi-
mony was that he had never heard Of
Spencer's title TO the portion IN dis
Dute.
THE JURORS EXCUSED.
Judge De Bolt, after the rendition Of
the verdict, thanked the jurors FOR
their honest and earnest endeaYors
in the interests Of justice" There was
no other case set for trial and he
thought all the jurors might be ex-
cused until notified. Some had been
promised release for the term. and he
asked all who wished 20 be excused
absolutely to raise their hands Twelve
hands went up and the court said
You are all excused absolutely for the
term"
The jurors IN the Brown vs. spreck-
els case. emDaneled on February 70 and
engaged that and every court day
since In the trial, were X. H. T. Lish-
ger, A. N. MelliE, VIM Buckle Geo
q. cowan. Henry J.. Benson. n W.
Chase. J. Mitchell, Frank c. Atherton.
IA