The Hawaiian gazette., 1907-10-18
COLLECTED FEE
0RElTEST|FY|MG

Until he was paid his fee as an ex-
pert witness, J. Hastings Rowland re-
fused to go on in his evidence before
Judge De Bolt s court yesterday after
noon in the matter of G.. J. McCarty
against l.. NJ. Whitehouse and the court
/ had to take recess until the plain
tiff and his solicitor and the expert
witness came to terms. The ease was
one of long standing, MeCarty suing
Whitehouse for $3s3.1S. a balance
claimed on a srbcontract for the con-
struction of the portion of the gov
! eminent road in the Waikakalaua
gulch two years ago. The dispute was
in the matter of the yardage of earth
excavated and Rowland was appealed
TO, TO calculate from the blue prints
of the cross sections of the road and
determine the exact amount involved.
T. NJ. Harrison was the attorney for
the plaintiff and he progressed swim
mingly in his examination of Rowland
until the crucial point was reached.
Then Rowland baked and refused to
answer until he got his money, put
| ting value upon the services he could
render at twenty-five dollars. He stat
ed that he had worked his head off
for six hours to make the calculations
and did not propose to do so for moth
ing. Harrison appealed to the court
to force an answer, but Judge De Bolt
confessed his inability to make the wit
ness testify as an expert if he didn t
want to- Rowland wanted to, all right,
but wanted to see twenty-five first.
Finally the judge took a recess until
the matter could be settled.
Harrison offered the witness ten dol
lars as his fee, this being the amount
his client was willing to pay, but the
Assistant Superintendent of Public
Works shifted at the amount and an
nouneed that there was nothing doing.
Harrison again consulted with his eli
emit and there was much whispering.
Finally Harrison arose
'.Wen, IN pay you the twenty-five,
because / promised it to you. But re-
member this is my own money l am
paying you, not my clients s. He re-
fuses to pay you more than ten dol
lars" he said, digging down and pro-
dueing the necessary gold.
Rowland poeketed the coin with the
air of one who didn't care in the least
whether the money came from Harri-
son or MeCarty so long as he got it
and went back on The stand. There.
his evidence showed that his expert
figures were much closer to those claim
ed by Whitehouse, who had paid him
nothing, than those of the plaintiff and
his lawyers, whose twenty-five he
ehinked in his pocket. The amount of
earth moved he stated to be 66s3 cubic
yards, only 10 more than Whitehouse
was willing TO pay for and SIS less
than the subeontraetor was suing for.
Judgment in MeCarty's favor for
s143.5S was given.
TERRITORIAL GRAND JURY SES-
SION.
The Territorial grand jury spent their
entire session yesterday morning prob
ing into the as Yet uncovered mysteries
OF the Government Kerosene Warehouse
fire. II is understood that the jury
men are following up clues supplied
by the police, which point to the fact
that Harris confession BY no means
diseloses all the interesting things in
connection with the necessity for the
attempted arson and the shortages in
the Standard Oil stock.
ALLEN ESTATE M4TTER CLOSED.
Judge Robinson granted an order
yesterday morning whereby the exeeu-
trix IN the matter OF the estate OF
v. F. Allen, deceased. he discharged
upon producing and fling vouchers
showing the payment OF the respee-
tive amounts specified as inheritance
tar due and that the remaindermen or
persons entitled &c the estate in re-
mainder, pay said tax OF in lieu Of
such payment file good and sufficient
bond 10 be approved by the court for
Hll0 G0VEQNME