The Hawaiian gazette., 1907-06-28
ELEVEN To ONE
YET A M|STR|AL

After the jury in the $4,000 damage
suit had stood five hours at eleven to
one In favor of verdict for plain
tiffs, they reported inability to agree
and being called into court so declar-
ed Judge Lindsay at once ordered
| Clerk Marcallino to enter a mistrial
and the jury We're discharged.
The jury We're out altogether six
hours and a half, including an hour
and half for dinner at the Union
Grill. How the jury had stood was
not stated to the court. but it was
Immediately dlvulged on the outside
after the court adjourned at 11:1O last
night. Barry hung the jury.
The trial started on Wednesday of
last week and, until the jury retired,
lasted six full court days. Il. S. Bar
ry. +. waldron, w. G. Walker. Bruce
Cartwright Jr., II. w. Podmore, l.
Spalding, NJ. X. Houghtailing, o. Schil-
ling. John G. Clement, George Cava-
naugh, Il. w. Atkinson and Charles
Phillips We're the jurors
Closing addresses to the Jury were
made by all four of the attorneys In
the case-Messrs. Thayer and Dunno
for plaintiffs, and Messrs. Robertson
and wilmington for defendants.
Great stress was laid by counsel for
plaintiffs on evidence showing that the
only wires on the side of King street
where the mar was killed were those
of the Rapid Transit Co. and the Mu-
tual Telephone Co., and the only power
in operation at the time the current
In the former company's feed wire.
They heaped rldicule on the theories"
of experts called for the defense in
the light OF these facts" Mr.. Thayer.
In this connection, told story OF Agas
siz, the great naturalist. When jollied
in the corridor later with the remark
that he could not be expecting any
plums from President Roosevelt in the
coming local shakedown. since he had
ventured publicly to tell n nature
story. the attorney replied: There's
nothing for me anyway: I'm a Dim
mycrat."
Counsel for the defendant corpora
tlons, besides making a fight on the
negligence theory, called In question
the right of the widow, Goo Shee, and
the administrator, C. X. Al, to make
such a tremendous or any claim for
damages. They bore on the fact that
the suit was not begun until two years
after the death OF the man. Chang Yee
Tong, according to the evidence, had
been In these islands nineteen years,
paying "A visit to China at the end OF
nine years. yet, as counsel emphasized,
all the support he had RENTED to his
has never been In this coun-
try consisted of two sums of $4.60
each, making a total of 1920. and this
inside of single period OF about three
months. Yet he was in a position to
have done better. for more than 5000
was on his person when he was found
dead Doubt was Indeed cast upon the
relation subsisting between
the victim OF the accident and the
plaintiff Goo Shee. There was evil
ience commented on which indicated
surplus progeny in a family roundup
At Tongs home when he visited China
n 1896.
Judge Lindsay's Instructions took
rom 4 o'clock to 4:35 to deliver and
we're followed by the usual exceptions
hereto noted on either side. as well
" TO two OF the four blank forms OF
'erdlct furnished to the jury. The first
orm was To MI II verdict was found
or the defendants Second, II II was
. be verdict against both the de-
the amount Of damages 10 be
tated therein. Third, for verdict
nding against the Mutual Telephone
%, and not against the Rapid Transit
%, Fourth, for one muloting the Rap
1 Transit co, and letting the Mutual
'elnphone co. of Mr. Robertson ex-
epted 10 ms third, and MI. Wlthlng-
ln a. the fourth form,