The Hawaiian gazette., 1907-03-22
NOT DRAWING
ROOM LANGUAGE

6. ]. McCRrty's suit for $4,000 dam.
aces against oahu Railway a. Land co
FOR election from a train In November
ii04. came on for trial before Judg'
re rolt yesterday. Geo. u. Gear and
W. 8. Edings appeared for plaintin
and =. s NJ Robertson and S. NJ. BAL.
lou for DEFENDANT The jury consisted
OF Il. W. Cathcart. Thos. II. Kennedy
II. W. Podmore. st. c. sayres. John X
Prendersast, l.. X Sheldon. John Dun
can, James Arcia. Fred. j. Turner
Henry Andrews, NJ. l.. Cunningham
and Hiram Kolomoku.
Plaintiff was called as his own wit
ness He ,old of having had not more
than four drinks on the evening in
question. before he took the Eva night
train for Pearl city. At the Honolulu
depot before starting had conversa-
tion with Fred C. Smith, general pass
enger agent. Plaintiff had in his pock-
ct two bottles of Scotch whisky. The
conductor told him to take his feet off
the opposite car seat and after some
words said he would put him off the
train at AIoanalua If he did not do as
ordered He was put off the train at
Moanalua, fifteen miles from his desti-
nation. 1t was raining and he walked
back to Honolulu.
Plaintiff here rested.
For the defendant Mr.. Kohn. engineer
of the train. testified to having heard
abusive language from plaintiff while
witness was lighting the train. Albert
Waterhouse, Harry II. Simpson and W.
w. Harris, passengers on the train,
testified to loud talking and boisterous
conduct of McCarty before he was
elected.
Clifton Tracy, conductor. gave evil
dence much the same as that of plain
tiff McCarty's shoes were muddy.
Witness could not turn the seat over
because another passenger sat opposite
plaintiff When he first spoke to plain
tiff he told him three times to take his
feet off the seat, also warned him If
he did not behave properly he would be
put off at Moanalua. When he re-
turned from collecting tickets from
other passengers he again told Nc
Carly to take his feet off the seat.
McCarty refused and he put him off
at Moanalua. Plaintiff had first
class ticket. Witness did not use vio'
lence. Plaintiff did not resist but wit
ness had hand on his shoulder. brac-
ing him somewhat as he walked un-
steadily. Both of them went upon the
station platform clear of the train.
McCarty did not try to get back
aboard the train. There was a lady In
the car.
Asked If plaintiff used foul language
to him, Tracy said he had an impress
sion it was mot language suitable for
a drawing room,' but as it was two
and half years ago he could not
remember the words. This was
on ross-examination and Mr.. Gear OBJ
jected to the impression as evidence,
but the court ruled the answer was re-
sponsive to the question.
Mr. Robertson said defendant had
one more witness, Fred. C. Smith, who
was out of town. Judge De Bolt re-
ferred to his reminder in the morning
that the term was nearly closed and
time should not be wasted To which
Mr.. Robertson replied that the defend
ant was taken by surprise by the rest
ing OF plaintiff on his own unsupported
evidence.
Mr.. Gear said the rebuttal would not
take long.
The trial was continued until $3.50
this morning. This was a few minutes
before 8 y. m.
McCarty, when the cause of action
occurred, was a sub-contractor of l.. M.
in, Evvn
DIVORCES.
Judge Lindsay granted divorce to
Malika Alma against Alma Victor for
failure to provide, and to G. S. Moku-
ahi against Mary Mokuahi for deser-
ton. w. A. Kinney appeared for Ii
belants.
KAUAI FISHERY CASES.
Seven fishery rights cases have been
sent over from the Fifth Circuit to the
First Circuit Court under changes of
venue. The claimants are Cecil
Brown, trustee; Kapiolani Estate. Ltd;
McBryde Estate, Ltd; Alex. NJ. Nc
Bryde, Lihue Plantation Co., Ltd. A.
5 wilcox and McBryde Sugar Co., Ltd.
THE LAND COURT.
L. A. Dickey, examiner. has reported
IN the petition of Daniel II. Case for
registered title to land. The report
$ favorable subject TO possibility of
lower in Mrs. Waring and interests of
leirs of c. II. Judd.
L. A. Dickey, examiner, has made
eport on the petition of Fred. Wun-
lenberg for a registered title to land,
which is favorable, subject to lease to
<am Foo Sin not mentioned in the