The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-27
ELEVEN To ONE
YET A MISTR|AL
Ending of Six Days Trial of
Goo Shee $4,000 Dam
age Suit.

After the jury in the $4,000 damage
suit had stood five hours at eleven to
one in favor of a 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 were discharged.
The jury were out altogether six
hours and a half, including an hour
and a half for dinner at the Union
Grill. How the jury had stood was
not stated to the court, but it was
Immediately divulged 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. E. S. Bar
ry, r. Waldron, w. G.. Walker, Bruce
Cartwright Jr., R. w. Podmore, 1.
Spalding, NJ. r. Houghtailing, o. Schil-
ling, John G. Clement, George Cava-
naugh, r. w. Atkinson and Charles
Phillips were 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 man 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 ridicule 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 a mature"
story, the attorney replied: There's
nothing for me anyway; I'm a Dim
mycrat."
Counsel for the defendant corpora
tions, besides making a fight on the
negligence theory, called in question
the right of the widow, Goo Shee, and
the administrator, c. K. 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 zee
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
wife-who has never been in this coun-
try-consisted of two sums of $4.60
each, making a total of 1920, and this
inside of a single period of about three
months. Yet he was in position to
have done better, for more than $500
was on his person when he was found
dead. Doubt was indeed cast upon the
matrimonial relation subsisting between
the victim of the accident and the
plaintiff Goo Shee. There was evil
dence commented on which Indicated
surplus progeny in a family roundup
at Tong's home when he visited China
in 1896.
Judge Lindsays instructions took
from o'clock to Abs to deliver. and
were followed by the usual exceptions
thereto noted on either side, as well
as TO two of the four blank forms or
verdict furnished to the jury. The first
form was to fill if verdict was found
for the defendants. Second, if it was
to be a, verdict against both the de-
PENDANTS, the amount of damages to be
stated therein. Third, for Verdlcl
finding against the Mutual Telephone
Co. and not against the Rapid Transit
Co. Fourth, for one mulcting the Rap
id Transit Co. and letting the Mutual
Telephone Co. off. Mr.. Robertson ex-
cepted to the third, and Mr.. Whiting
ton to the fourth form.