Polynesian., 1844-06-22

Charlton, for SANDER, in which the plaintiff
accused the defendant of charging him false
ly with the crime of sodomy, damages laid at
$4,000, came on to be tried at the Honolu-
lu Court, on Tuesday the 18th. inst, before
His Excellency, Gov. Kekuanaoa, with the
assistance of the Hon. G.. p. Judd, and John
Ricord, H. II. Majcsty's Atty. General.
Mr.. Charlton plead not guilty, and proposed
to give the truth in evidence. "A numerous
audience, both of Hawaiians and foreigners,
were present to witness the proceedings,
which were conducted with order and regu-
larity; perfect respect being paid to the Tri-
bunal by both parties. II. B. M. Consul
General, the u. S. Commissioner, and the
Consuls of France, England, and the United
States, were present. Mcssrs. Perkins and
Shillaber appeared for the plaintiff, and Mr..
Sea for the defendant. Mr.. Shillaber OPP
ened the case in a very pertinent and forci-
bic address to the Court and Jury, stating
the nature of the charge, its Nervousness, and
the several points which the plaintiffs coun-
sci were prepared to prove. The case was
continued over to the following day, when,
after the close Of the examination Of Witness
es, Mr.. Sea made his plea for the defend
ant, and was followed by Mr.. Perkins for the
plaintiff. We regret our want of room to
give the addresses of the counsel for both
parties, in full; that of Mr.. Perkins was tru-
ly eloquent. The evidence adduced was
thoroughly sifted, and the enormity and ma
Lightly of the SANDER, fully exposed; its eff.
ect upon the character of Mr.. Pelly shown;
and the previous high standing Of the defend
ant, as H. B. Majesty's Consul General for
these islands, was dwell upon, as having en-
HANGED the magnitude Of the crime, by the
weight of official standing; also the plaintiffs
own high standing as a gentleman, and man
of integrity, the agent for the Hon. Hudson's
Bay Company; one whose reputation had in
no otherwise been assailed. The SANDER was
shown to have been often and long repeated,
the fruit Of personal hatred, and a revengeful
disposition. The importance of a Just ver-
dict in this case, was also forcibly demon
strated. 1t was the first OF this nature brought
into Hawaiian Courts. They were in their
infancy, and the decision Of this would not
only be a precedent for the future, but &C
cording to it's justice, give character to it
abroad, and protect the reputation Of all
within its jurisdiction from the calumnies Of
the reckless and unprincipled. 1t was also
shown that not a particle of testimony had
been produced to prove the truth Of the ac-
cusation, on the part Of the defendant, but
his witnesses testified no further than that
they had heard such reports from Charlton
himself, and from common rumor. But, as
we purpose publishing a full report, from the
records ofthe Court, we refrain for the pres
ent, from giving any thing further than the
verdict ofthe Jury.
The undersigned Jury, nave come to the
following verdict "A. #Gas obs
That the charge brought by Mr.. Pelly
against Mr.. Charlton, is sustained, and the
defendant guilty, but in consideration of Mr..
Charlton's pecuniary circumstances, the Ju-
ry have assessed the damages at three thou
sand, four hundred and fifty dollars, with
costs, Robert w. Wood, (Coreman,) Will
liam Ladd, Robert C. Wyllie, Lawrence C.
Gray, John X. Won Pfster, Hiram Grimes.
John Mum, Edward Fl. Russell.