The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-16
COLLECTED FEE
Def REiTEST|FY|NG
Rowland Refused to Talk UE-
less He Was Paid Twenty
Five Dollars.

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 IS court yesterday after
| noon in the matter of G. j. McCarty
against L. NJ Whitehouse and the court
had to take a recess until the plain
tiff and his solicitor and the expert
witness came to terms. The case was
one of long standing, McCarty suing
Whitehouse for $3S3.18, a balance
claimed on a subcontract 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.
7. 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 a 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 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
nounced that there was nothing doing.
Harrison again consulted with his eli
ent and there was much whispering
Finally Harrison arose.
We'll, III pay you the twenty five,
because ] promised it to you. But re-
member this is my own money / am
paying you, not my client s. He re-
fuses to pay you more than ten dol
lars" he said, digging down and pro-
ducing the necessary gold.
Rowland pocketed the coin with the
air of one who didn t care in the least |
the money came from Harri- |
son or McCarty 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
:hinked in his pocket. The amount of
earth moved he stated to be 66S3 cubic
yards, only 40 more than Whitehouse
was willing to pay for and 57S less
han the subcontractor was suing for.
Judgment in McCarty's favor for
S143.5S was given.
GRAND JURY SEES
SION.
The Territorial grand jury spent their
entire session yesterday morning prob
ng into the as yet uncovered mysteries
# the Government Kerosene Warehouse
ire. 1t is understood that the jury
men are following up clues supplied
by the police, which point to the fact
hat Hart s confession by no means
liscloses all the interesting things in
connection with the necessity for the
attempted arson and the shortages in
he Standard Oil stock.
ALLEN ESTATE NATTER CLOSED.
Judge Robinson granted an order
morning whereby the execu-
.rix in the matter of the estate of
". +. Allen, deceased, be discharged
lpon producing and filing vouchers
showing the payment of the respec-
i've amounts specified as Inheritance
AK due and that the remaindermen or
persons entitled to the estate in re-
pay said tax or in lieu of
such payment file good and sufficient
bond to be approved by the court for
he payment of said tax when the leg
icy or devise is received.
The court finds that the delay in
he settlement of this estate has been
By agreement between the counsel,
Holmes & Stanley for Mrs. Allen and
Attorney General Hemenway for the
Territory, the amount of the inherit
nee due the Territory from the es-
ate was divided proportionalIy be-
ween the various heirs. The total :
mount of the tax is $21O195, of which
mount Mrs. Allen s portion is $1,000
2. The balance is divided in small ,
among laroe number of