The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-09-29
MRS, E.C.ROE
WINS CASE
Awarded $3.50 DAM
ages Against DR..
McGreW.

After an absence of about half an
hour, the jury in Judge Robinson's
court yesterday afternoon rendered a
verdict for $3.50 damages in favor of
Evelyn c. Roe and against DR.. John
S. McGrew. the action being one of
tort
Frank E. Thompson's closing address
to the jury for defendant and D. L.
Withingtons for plaintiff were able
efforts. Each occupied about 40 min
utes.
Dr. McGrew took the stand in his
own behalf in the morning. He said
he fired three shots before Mr.. and
Mrs Roe passed the pier and another
one afterward but long time after
the first series. The shots were fired
in the air to scare away Japanese in
sampans upon his sand bar.
Mr. Thompson argued that no intent
to injure Mrs. Roe or her husband
was shown in the evidence. He also
remarked on the weakness of evidence
of personal injury and the lack of evil
dence of monetary damages such as,
doctors bills. etc.
Mr. Wilmington quoted the Supreme
Court to show that injury to the feel
ings was actionable and argued that
actual injury and damage had been
shown He submitted that DR.. Nc
Crews evidence was in the main cor
roborative of that of the Roes.
CONTRADICTIONS.
Mile Morris by her attorneys, Samuel
Noar and Carlos A. Long, files an an
swer to the motion of Hawaiian Trust
Co., Ltd, to advance its case against
her on the Supreme Court calendar.
She contradicts the statements made in
the affidavit of j. r. Gait, the plain
tiff s treasurer, on the strength of an
affidavit by Carlos a. Long.
The latter says that he has been agent
of Mile Morris for two years past,
that the property is in better condi-
ton than it has been in at any time
within two years past, its income from
rentals being 500 a month against $40
at the time these foreclosure proceed
ings were brought.
Affiant also says that sanitary i'm
provements have not been requested by
the Board of Health since the begin
ming of 1906, when it was agreed that
none should be required OF the property
owner until the city would extend the
sewer to the locality Since then the
Board of Health had given no notice
to Mile Morris or her agent that "cer-
tain sanitary improvements must be
made or the property will be condemn
ed as unfit for habitation.'
PROBATE MATTERS.
Cordelia c. Allen of Honolulu, but
temporarily residing at Oakland, Cal,
has executed an election to take the
provisions made for her by the VIII of
her late husband Wiliiam Fessenden
Allen BY this instrument widow IS
dover in the estate is relinquished.
An order by Judge De Bolt allows
the deposition of E. raxon Bishop to
be taken in the matter of the estate of
c. H. Bishop, deceased, also that E.
Faxon Bishop be allowed to file bond
of $4,000 to take effect if he is APP
pointed executor of the estate when
the petition for probate comes on for
hearing These arrangements are made
on account of the intended departure of
Mr.. Bishop from the Territory in the
Alameda on Wednesday next.
COURT ITEMS.
Plaintiff in the suit of Frank God
frey, trustee, VS.. Helen Rowland by
his attorneys, A. q. M. Robertson and
Thompson g. Clemens, has filed mo-
ton to vacate the order allowing a
writ of error and supersedeas from the
Supreme Court of the United States to
the Supreme Court OF the Territory of
Hawaii. The ground alleged is that
neither of the sureties on the $3.50
bond, E. B. Mechanism and S. Fl. Der
by, is qualified in property ownership
and that both are disqualified from
acting as sureties on account of being
attorneys in the case.
Judge Robinson allows c. w. Ash
ford for defendants in Dlmond VS.. Ka-
lanianaole and Kawananakoa ten DAYS
from receipt of transcript of proceed
ings within which to present a bill of
exceptions.