The Hawaiian gazette., 1911-07-14
ATTORNEY SuGGESTS
TRIAL BY COMBAT
THINKS IL MIGHT HASTEN END
OF WAIKIKI coNpBM.
NATION MUTT.

NATION MUTT.
81,
I'VE bad better 20 back to trial by
combat instead Of trial by jury" said
Attorney Stanley Of Holmes, Stanley 3
Olson, yesterday afternoon, after sew
eral more hours had been devoted TO
the consideration Of the instructions 70
the jury desired by the lawyers in the
Waikiki condemnation case which has
been before tho United States district
court for ak weeks.
1--WE have had it several times, -
remarked Judge Charles F. Clemens.
:" But it didn't last six weeks said
Mr.. Stanley.
''Isrwould insist on naming a sub.
stitute, 2" declared District Attorney
Breckons, showing that when il comes
to knowledge of how ancient lawsuits
were settled he is as well acquainted
as he is with supreme court decisions.
The question Of possible damages to
that part Of the land leased to w. R.
Castle, which is not be taken by the
United States for fortification purposes,
came up again. The point was made
by Attorney A. L. Castle that the sym
metry of the section not to be taken
might be affected.
''Where is there any rule of law
allowing damages to be claimed for
breaking up symmetry9'' demanded the
district attorney
Attorney Castle stood pat on the
proposition that there is a possibility
that the taking of part of the land by
the government will damage the prem.
Uses leased by W. r. Castle to the ex-
tent of $2500. He declared that as part
of the property is to be taken for for
tifcation purposes the rest of the tract,
on the other side of Kalia road, is rem
dered less valuable for rental purposes.
In regard to the matter of breaking
up the symmetry, Judge Clemens stat
ed that he did not think there was
much evidence to go to the jury on
that.
Where Was the Ice BoxP
The question of where was the ice
boxl figured in the McQuaid divorce
suit before Judge w. ]. Robinson yes
terday, Attorney Lorrin Andrews, who
represents Mrs. McQuaid, put Japa-
nese woman on the witness stand yes
terday afternoon to answer the query.
He wanted to know where the ice box
was III the Kerr cottage at the time the
house was occupied by the McQuaids.
The Japanese woman, who was the
McQuaid's servant at the time, said IL
was outside the diningroom. The rea-
son why it was desired to fix the loca-
ton Of this receptacle was because the
milkman used to put the milk in it
every might and the millsman gave evi.
dence yesterday morning to the effect
that when doing so, between the hours
of midnight and one O'Clock, he heard
Mrs. McQuaid and Volney G. Driver
TALKING. McQuaid at the time was ON
Hawaii.
The Japanese servant not only knew
where the ice box was but she swore
that Volney c. Driver was never in the
house Rt the time the milkman, whoput
the milk in the ice box, said Driver
was there. The woman said Driver was
never in the house at night time.
The taking of evidence in the cross.
complaint of McQuaid was finished last
evening and ATTORNEYS Lorrin Andrews
and James Coke will make their argu-
ments today.
Midnight Rides.
Evidence was given by the clerk of
the Haleiwa Hotel as to a party from
Honolulu, including Volney c. Driver,
Mrs. McQuaid and others, who motored
over from Honolulu to dance, regis
tered at the hotel and most of whom
stayed all night. The page of the reg
lister of the hotel looked something like
this:
Volney G. Driver, Honolulu; Hon. ],
A. Williams, Rev. j. D. Colburn, Hon.
George Brown, Miss E. A. Jones, Shang-
hal; Henry M. Clark, New York, 1t is
stated that Driver wrote the names
down.
The evidence indicated that the par
ty remained at the hotel all night be-
cause, among other reasons, Mrs. Nc
Quad was not feeling very we'll. They
returned to Honolulu early the next
morning.
Food Commissioner Blanchard was
called by Attorney Andrews to tell of
another automobile ride in which Mrs.
McQuaid and Driver figured. On Cross
examination he was asked by Attorney
Coke whether Mrs. McQuaid set on
Drivers lap and smoked cigarettes.
Blanchard Is memory was not very good
40 w hAS VfDhbb VI bho AAuGg AZ
though he did recollect that Mrs. Nc
Quad and Driver were left at the Nc.
Quad house about midnight. He
thought that somewhat unusual. At the
time, however, he did not know that
such a person as Mcouaid existed.
High Sheriff Sued,
High Sheriff William Henry has been
made defendant in a suit In replevin
instituted In the circuit court by X.
Kamami, X. Yamamoto, X. oki and b.
Kobayashi, trustees, who seek restitu-
ton Of $500 worth of property he seized
and ask $500 damages for its detention.
IorTin Andrews Is attorney for the
japanese. In their AFFIDAVIT the plain
tits swear that the goods seized were
not taken for tax, assessment, or Ane,
or seized under an execution or an at
iaehment against their property, The
goods have been returned TO plaintiffs
pending tho hearing and they have Civ
en- q bond for 1900 ~ Sheriff Jarrett
that they will hand over the property