Honolulu Republican, Volume IV, Number 498, 16 January 1902 — NEW TRIAL WANTED BY UNCLE SAM [ARTICLE]

NEW TRIAL WANTED BY UNCLE SAM

Id the Matter of the Snii Against Honolala Plantation. JURY IRREGULARITIES ALLEGED NEWLY DISCOVERED EVIDENCE IS ALSO GIVEN AS A REASON. Misconduct of the Jury—Excessive Compensation Attempted to be Awarded by Verdict—Juror Kohn Did Not View Pearl Harbor Lands —Supreme Court Cases. The Tnited States Government, through Tnited States District Attorney J. J. Dunne, yesterday filed in the Tnited States District Court a notice and motion for a new trial in the recently decided ease of the Government against the Honolulu Plantation Com pany. in which a jury the other day awarded $105,072 damages for the leasehold interest of the sugar company in certain lands at Pearl Harbor required by the Government for naval station purposes, and for alleged improvements on said lands. The notice and motion for a new trial are accompanied by the affidav- ; its of L. L. McCandless and Captain Charles F. Pond, U. S. N„ and others. Reasons for New Trial. The reasons for asking for a new trial are summed up as follows; 1. Irregularity in the proceedings of said court and the adverse parties by which said plaintiff and petitioner 1 fthe United States) vu*s prevented from having a fair trial. 2. Accident and surprise, which ordinary prudence could not have guarded against. 3. Newly discovered evidence, material for said plaintiff and petitioner, which it could not with reasonable diligence have discovered and produced at the trial. 4. Insufficiency of the evidence to justify said verdict. 6. Errors in law occurring at the trial and excepted to by said plaintiff and petitioner. 7. Irregularities in the proceedings of the jury. 8. Misconduct of the jury. 9. Excessive and unreasonable and inconsistent compensation or damages. attempted to be awarded by said verdict. Sworn Officer Not in Charge. The notice and motion for a newtrial allege that the members of the trial jury sitting in the case of the Government against the Honolulu Plantation Company did not visit the lands sought to be condemned for naval station purposes in charge and under the direction of a sworn officer of the Government It is also alleged was an irregularity as far as the trial jury was concerned in that Juror M. M. Kohn who took the place of Juror L. F. Prescott in the middle of the proceedings, on account of the sickness of Juror Prescott, was not a member of the trial jury when the said jury visited the lands sought to be condemned by the Government for naval station purposes. Did Not View Lands. Captain Charles F. Pond, of the Tnited State? Navy, makes affidavit to the effect that Juror M. 11. Kohn was not a member of the jury when the jury visited the Pearl Harbor lands for the purpose of inspecting them and that the new juror did not visit the lands at any time afterward for the purpose of inspection. This alleged Irregularity is dwelt upon to ■lome extent. It will be remembered that, on account of the illness of Juror Prescott, a new juror had to be drawn from a special venire and that M M. Kohn was the man drawn. When the case proceeded with Kohn on the jury Instead of Prescott, ail the testimony taken before the coming of Kohn on the jury was read over for the benefit of the new juror. This was after the jury had visited Pearl Harbor and

Kohn had not been one of those O inspect the lands. Kohn. therefore, although he had to Listen to all previous testimony, had not the advantage of the rest of the jurymen who had been over the lands involved in the case. L. L. McCandless makes affidavit to the effect that he is a well borer and tha; he sunk an artesian well on the lands involved in the suit. He also declares that the attempts to grow rice on the lands in question proved a failure. Federal Court Notes. In the matter of the objection of the Bishop Estate to the order of possession of Pearl Harbor lands, no further move was made in the United States District Court yesterday. Chief Clerk Maiing. however, still holds a draft on the Secretary of the Navy, payable to Captain Merry and endorsed over by him to the Bishop Estate, trustees, for the amount of judgment on the verdict of $55,737.50. Attorney Thomas Fitch demanded and was refused a jury trial for the appeal of H. Hamano from the Board of Genera! Appraisers in the matter of Oriental shoes. United States Judge Estee set the case for hearing at 10 o'clock this morning. Kamalo Sugar Case. Counsel for plaintiffs in the case of the Kamalo Sugar Company equity suit have given notice that they will move today that the cause be forthwith set for hearing. In the Supreme Court. The case of Jonathan Shaw against C. W. Booth, exceptions from First Circuit Court, was argued and submitted before the Supreme Court yesterday as was also the case of Asiu Brown against Andrew Bannister. This morning the case of C. Brown, administrator, against the Equitable Life Assurance Society, exceptions from the First Circuit Court, will be taken up. Suit Against Tramway*. George W. Hayseiden has filed a suit against the Hawaiian Tramways Company for $5,000 damages, on account of an accident which occurred on Christmas Dav. Hayseiden alleges that he was thrown from bis buggy and injured by reason of the Tramways Company’s action in obstructing the roadway by a pile of dirt on King street, near Victoria. Suit in Ejectment. The Enterprise Miii Company has brought suit in ejectment against Emmet May and W. H. G. Arnemann for real estate on the Waikiki side of Alakea. between Queen and Halekauila streets, containing 1890 square feet. Damages for $l,OOO are also claimed.