The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-03-07
TWO DAYS END
IN A MIsTR|AL
Novel Idea Put Forth by a
Juror on Jury Room
Dissension.

A mistriaI was the result of the effort
of two days before Judge De Bolt to
administer Justice in the cause of w.
r. Castle against FL. 7. Marsh and
John Emmeluth. 1t was claim OF
s250o, balance of principal, and $3.50 in
terest, on a pronissory note for $4,000.
r w. Cafhcart and T. M. Harrison ap-
| reared for the plaintiff and S. H. Der
by for the defendants.
The Jury consisting of Thos. H. Ken
nedy, David Hurst, r. w. Podmore, 81.
G. Sayres, Henry Andrews, VIM. M.
Graham. w. E. Tyrrell, r. w Cath
cart. Jas. r. Arcia, John Duncan. M.
r. Cunningham and Hiram Kolomoku
retired at IL noon, via a restaurant. to
consider its verdict. Twice in the
course of the afternoon the jurors
came into court to tell how well they
disagreed. They stood ten to two and
said that this situation was absolutely
fixed.
Juror Cathcart, when Judge De Bolt
had urged that they ought to come to
some conclusion under their oath TO
render a verdict according to the law
and the evidence, rejoined:
TITS easy for the court to reach
conclusion. 1t is only one man. We
are twelve
At $50 the jury sounded an alarm
but all they had to communicate to the
court was that they were still un-
changed. Judge De Bolt replied with
a message that he was in no hurry, he
could wait for them until midnight.
Nevertheless, the opposing counsel hay
ing given UP hopes of q verdict, the
Jurors We're called in a little later~and
discharged, a mistrial being entered.
THE GALBRAITH ESTATE.
Hawaiian Trust Co, Ltd, trustees I'm
it's objections to executors accounts
and motion for reference, in the matter
of the estate of George Galbraith, de-
ceased, says it does not appear whether
the s57, 42454, cash on hand as stated III
submission to the Supreme Court,
has been invested or what rate of in
terest it is bearing It is contenied
that note of Cecil Brown for $4,000
at Az per cent should have been called
in at maturity and reinyested at cur
rent rates of interest. objection is
made to premiums on bonds OF execu-
tors, two sums OF s265 each paid to
Waterhouse Trust Co.. as being not
proper charges against the estate.
THE LAND COURT.
In the matter of the petition of Hen |
ry Peters for q, registered title to land
in Manoa, the Territory of Hawaii by |
Fred. w. Mflverton, Deputy Attorney |
General, claims lien for $1,000 taxes
on the land.
Judge Weaver has confirmed a sub
division of blocks II and IL, Wahiawa,
into five lots on a plan made by =. f.
Brown, assistant surveyor of the Court |
of Land Registration, the blocks in
question having been enumerated and
described an lots in certificate of reg
No. 4. The order is made on
the petition of Z. H. Gibson, w. B.
Thomas and Byron o. Clark, trustees,
and is authority to the assistant reg
istrlr to accept any deeds describing
and Designating these subdivisions and
dealing with them as separate lots
AFTER zoo PROCEEDS.
Howard W. Adams has brought suit
against the Kaimuki Heights Zoo, Ltd,
for $59S35 as balance Of salary as man
ager of the Zoo from August to Nov.
L.. Jas. F. Morgan, o. A. Steven, Geo.
D. Gear, F.. E. sR. Strauch, Mrs. Camp.
J. d. McVeigh, d P. r Isenberg, III.
Armitage and the Rapid Transit Co.
are named as garnishees, the list COM
orising the principal purchasers at the
ate auction.
COURT ITEMS. II
John Gaspar enters a general denial
o the complaint of A. S. Cleghorn in
Harry T. Mills, sued individually and
is administrator of the estate of the
ate FL. e. Highton, enters a disclaimer
IF possession of any of the goods
claimed in replevin by William M.
slack.
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