The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-02-26
WELDON LOSES
DAMAGE SUIT
Jury Out Nearly Six Hours A
Decision of McBryde
Case Today.

At twenty minutes after nine last
night, having been out nearly six
hours. the jury in the Weldon Chaplin
case returned verdict for the defend
ant
There was a mistrial of this case
last term. following a nonsuit granted
in Weedon's suit for $4,000 damages
against the husband of the defendant
who has won now. An appeal from
judgment of nonsuit is pending.
W. c. Weldon s suit for $4,000 dam
ages against Mrs. c. W Chaplin. on ac-
count of personal injuries plaintiff sus-
tanned in being thrown from his horse
scared by defendant s automobile. went
to the jury at $3.50 yesterday afternoon.
1t had been on trial from Monday. Feb.
II, which made the time seven court
days up to last night. Antonio Perry
and A. D. Larnach were attorneys for
the plaintiff and f. NJ Watson repre-
sented the defendant, resident of New
York.
At five minutes after FIVE the Jury
came into court to say that they could
not agree.
Judge De Bolt said there ought be
verdict. The matter had been fully
presented on both sides. 1t was one
of the main purposes of the law to
have an end made to controversies.
He asked them if there was any diff
Guilty on points of law they wanted to
have explained.
f. 0. White replied that they were
not clear on the maximum speed of
Mrs. Chaplin s automobile from the
time it was first sighted until it was
stopped.
Messrs. Perry and Watson agreed to
have the evidence on that point read,
aRl later agreed that no higher rate
of speed than twelve miles an hour had
been stated by any witness.
At 5:15 the court sent the jury out
again. Some time. later they returned
and reported continued disagreement.
when Judge De Bolt had them locked
up again.
DECISION TO-DAY.
Argument was heard by Judge Lind
say yesterday IN the Injunction suit of
McBryde Sugar Co. vs.. Koloa Sugar
Co. relative to water rights. A deci-
sion will be rendered today.
THE KOREAN CASE.
VIM. Henry. High Sheriff of the Ter
ritory, returns the execution for $6I6.3j
in the suit of Hank Hak See VS.. PAX
Lung Kwon, Kim Sung Kwon and Yee
Mai 500 fully satisfied, it being stated
that this is cat request Of plaintiff.
This is the interesting controversy be
tween Koreans, in which signers of a |
promissorv note said they signed only
as witnesses and in which plaintiff,
after losing his ease with one lawyer,
hired new attorney and obtained a !
a new trial on the ground that availa- |
bic evidence had not been presented |
at the first trial.
CONTEMPT IN DIVORCE.
Marion Myhre by her attorneys, !
Thompson & Clemens, viii present a /
motion before Judge Lindsay on Sat |
Irday morning for an order citing her /
husband, George G. Myhre, to show /
cause why he should not be punished .
for contempt of court for disobedienee /
Of the order to pay her alimony pend
ing a decision of her divorce suit.
c. b. Gray, residing at Kappa, Kauai,
S sued for divorce by his wife, residing /
n Honolulu. The High Sheriff yester-
lay received the summons for service.
ONE yKrLrI7Er <, ET TC,G
Maria Aki Kanoho sues Joseph Ka-
loho for divorce for non-support. They
were married on August 81 last, but
she says that since September 6 he has
utterly failed, neglected and refused
o supply her with food. clothing,
money or other necessary supplies. The
husband has entered his appearance,
,onsenting to immediate trial.
Judge Lindsay granted a divorce to /.
Isune Nakashima against SuyichIro
\akashima for non-support.
HABEAS CORPUS.
Judge Lindsay denied the motion to
luash the return of High Sheriff Henry 4
o the writ of habeas corpus in be- Il
lalf of Funakoshi also denied the mo-
ion to admit the prisoner TO bail.
COURT ITEMS.
Margaret Hoogs petitions that she
se appointed administrators of the es
ate OF her late husband, Frank Lam
Iers Hoogs, which is valued at $1,000.
If this amount $4,000 Is life insurance
ND $4,000 stock IN the Hawaiian Star
Newspaper Association, Ltd. \ lot on
'antafus is put in at value unknown.
In the matter OF the estate Of An
oinette F. Swan the administrators by
heir attorney, Albert F. Judd, viii
resent a motion.on Friday morning for
he appointment of appraisers.
1t is stipulated, in the suit of Bessie
:. Burns against Julia II. Along and
theirs, that the time for filing ques-
ions to be put to J. J. Dunno in San
rancisco be extended to include Mon
ay next.