The New York herald., 1844-12-20

an Interesting exhibition OF the forms OF proceed
ing In the Courts Of that people. The actlon was
between two British subjects, being brought Dy
George Pely, CONNECTED with the Hudson bay
Company against Richard Charlton, Uormerly
the British Consul,) and damages TO the amount
of $4,000 were claimed for falsely accusing the
plaintiff Of deiestable crime.
The Court consisted OF his Excellency M ke-
kuanaoa, Governor OF Oahu,) assisted by Hon.
G.. r. Judd. and John Rcord, Esq, his Hawaiian
Msjesys Attorney General. The Jury consisted
of eight men, that being the least number allowed
by statute Three jurors, who were summoned
and did not appear, were fined $40 each Several
Of the jnrors being objected TO, Two triers were ap
pointed, and they pronounced several OF the jurors
who had been called, incompetent on account Ell
business connection with the parties.
The writ or statement OF his claim by the plain
tiff consisted OF a letter 10 the Governor OF Oahu,
in which he set forth that he had been accused OF
certain crime by the defendant, for which he
claimed $40, 900 damages. The defendant pleaded
not guilty. and offered 10 give the truth in evidence.
The Attorney General then read his decision, at
tirmlns the Jurisdiction OF the Court IN the case,
and proceeded to explain The law to the jury
The Counsel for the plaintiff opened the case,
and called his witnesses, who were sworn and ex-
amined. The same was done by the counsel tor
the defendant.
The evidence being all in, The Court decided
that the plaintiff was entitled to open and close.
Thereupon Mr.. Shillaber addressed the jury tor an
hour in behalf Of the plaintiff He was followed
by the defendant and by Mr.. Shea. Mr. Perkins
then closed the case tor the plaintiff.
The Attorney General charged the jury at length
and with considerable ability. In alusion to
question OF the defendant, as to whether the trial
was to be conducted by Hawaiian law or some
other law, he instructed them, that the principles,
rules, and doctrines Of the Court were essen.
TALLY those that prevail in other civilized
countries He traced the true principles OF
law, as recognized in all civilized nations, TO
the same fountain head-the code OF Justlnian.
France, Spain and Portugal, have gone for theirs
to the same fountain head, and from. these the
mItted 10 the new world, and Pervade the Amerl-
can Continent from It's northernmost Cape to Terra
del Fuego, with the Atlantic and Pacific Islands
that have come under the jurisdiction OF these"
kept together un they had agreed, although suita-
BILE food would be provided IN case their deibera-
tions were prOtracted.
The jury returned verdict " that the charge
brought by Mr.. Pelly against Mr.. Charlton Is sus-
tanned, and the defendant guilty, but in consdera-
lion of Mr.. Charlton's pecuniary circumstances,
the jury have assessed damages at three thousand
four hundred and fifty dollars, with costs"
This trial seems to have caused great excitement
in Oahu from the situation and character OF the
parties-the defendant having rendered himself Pc
cuarly obnoxious 10 the people on account of his
connection with the late acts OF the British gov
eminent II will be seen that the common law
was IN fact adopted in the trial and lis forms gen.
orally followed; the most striking exception being
the position of the Attorney General, who seems
to have acted in purely judicial capacity. This
the New York bar.-Boston Adp., Dec. ID.
AWFUL DErRAvITY IN BosToN-Mosr SINGULAR
CASES OF ABoRTIoN.-A WOMAN ON TRTAL.-At a
quarter to four O'Clock this afternoon, of the
most revolving character came up for trial. We
publish full Details considering the circumstances
OF the trial of so remarkable and dreadful char.
acter, as should agltate the whole community, and
cause the judicial authorities to discharge their
duty with stern impartiallty.
Such scenes might well become Paris and Lon
m yyaI 9tr Ike
the whole community with horror.
The woman charged is Mrs Luceba Parker
midwife, 10 Albany street. The allegations in the
indictment are set forth IN three counts, viz THAT
the said Luceba, the 9th OF June, last year, pro-
cured an abortion by forcing and thrusiiDg a me-
talic instrument up the body Of Sarah Patch, Of
Lowell, wife of Barnam Patch, she being pregnant
at the time, whereby an abortion was produced !;
also, the LIST OF June, last year. committed the
same act, in the case Of Jane Dean, wife of Sas
Dean, of Lowell, whereby she miscarried further
more committing the same offence in the case Of
Nancy Fuller, of Lowell, wife OF R0by G. Fuller,
whereby she mscarrled.
The defendant plead Not Guilty.
G. d. Wilmot, Esq. appeared for the Defence
and the three married ladies, pretty and interesting
young women, appeared on the stand, and gave
their testimony with much emotion, but with
manner Of truthful reality
Mr. Parker tor the government, stated that all the
ladies' referred TO, were married ladies', and were
considered respectable, and that the children de-
stroyed were not, as Is usually the case under
| such circumstances, bastard children. The reason
assigned for this course the part Of these ladies'
he said was, that they had children faster than
| they desired TO, and therefore wished to get rid
&c ihon- They having head of Mrs Luceba
/ Parker, through some woman gossip,
| Boston, and succeeded in their wishes through he +
nstrnrfientallty. Mr.. Parker also referred to the
exceeding prevalence of this awful crime in large
cities, and cited the law bearing upon the case
| He quoted precepts in connection, from the old
Levtical law OF Judge Moses, OF which the public
may not be c0gnlZant.
The case will be argued tomorrow at twelve
O'Clock. Court adjourned
| II has been ascertained by judicial investiga-
ton that at the time one Of these ladies' was pre-
sent at Mrs Parker's five other wcmen were there
waiting their turns the same as gentlemen do in
barber's shop. We mention the fact to show the
prevalence and extent OF the horrible crime of in
tanncide in Boston. Boston Times, Dec. 10.
BaIe PETERSBURG, Captain Larkip. for New
York, from Vera Cruz, struck on Snak Ike Key
Shoals early on the morning of the I'D ut. She
had on board eighteen passengers, and among her
freight Al 900 dollars in specie. Al daylight the
captain, not liking the appearance of the wea.
iher, and apprehensive OF the safety OF his pas
sengers in the event Of storm, holsted out the
long boat, took them aboard and steered for Cedar
Key, from 10to l5 miles distant, intending to leave
them there till he should have extricated the brig
With the passengers he took four OF his crew,
leaving the mate and five men aboard the brig
with orders to suffer no one to come on board Al
ter landing his passengers at Cedar Key. he made
tor his vessel, Dut cOulu ma nOtnng oil ner. sup
| posed the mate and crew had got her of and run
away with her. 7 his is Capt. LIS account of the
affair, and give il for what il is worth He has
| brought his passengers TO St Marks, (where they
now are,) and LETT this city yesterday morning, for
New York.
We are told that the passengers Justify the con-
| duct of the mate. They complain that the cap-
| tsn's habits untitled him for the management Of
the brig, that he got out Of his reckoning, Gas is
not unlikely and they say that, in all probability
the mate consulted the interests Of the owners in
getting the brig of, and PURSUING the voyegc. This
alleged account OF the passengers comes TO rs in
i directly, and we do not know that II can be relied
| upon. II is curious affair altogether.
| The vessel alluded to In the above account from
| the Tallahassee Sentinel, arrived at this port in
safety on Saturday last, having been brought home
| by Mr.. Dickinson, the mate. He, together with
four of the crew, succeeded in getting the brig OIL
/ after the master had gone ashore for assistance
| Instead Of being branded pirates, their noble
| conduct deserves every praise, and should be re
i membered in something more than words.