The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-11-25
mmercial Advertiser.
nror the Polynesian Of Nov. 2orh-
srPRENE COURT.

lIEunlnlnlEuunEznnuuuuu
c,,.n the Polyuesisn Of Nov. aorh-
SUPREME COURT.
/ :, TIE matter of Francis le Fzdnehet.
- the decision of Chief Justice Allen, at Cham
op,x,ox or JUSTICE RoBEKrsoS-
this case having been fully referred to in the lengthy
rendered by the Chief Justice at Chambers, and
-. eT the case rendering IL expedent that the final
"a he given without delay, will endeavor to state
e briefly as possible
r.nds thai the testimony in the case is OF sufficient
n and binding contract OF shipment between ie fian-
[.nasr.r of the ship NI~sIn. Upon this point am
+ care uI examination o AL the evidence That at
.h-t catered the U. :. Consulate with Capt MUIR
- With the intention Of being shipped that ne vol
LII himself be enrolled on the artcies OF tne
1 T,auner which i usual in such csscsi that ne
= u,drrstaniing OF the iu-e aud terms OF the
freely sssented thereto .
.,oael WHO app on behalf o. 'he harsai con-
! evidence touching the question o contrac' oogt
= re-iy.si and that the T. ut is bound TO regard
E-n.nt of foreign Consul that party IS deserter
r-t as entirely conclusive, and not open 10 De CON
rb;- ad nit that the declaration o. the Consu IN
[--o-oD,,,i,d bv the exhibition OF the proo.s pre-
Irh Article OF the U :. Treaty, Is :" FAR binding
,iian authorities as render II imperative upon
the arrest required, am oi the opinion hAt 'he
Cc a., goes too far and that If party so arrested
kgyriey-d and i- brought mp upon haceds corpus,
ke9ud % far as may be necessary to go behind the
he.
- - ,I,,. " arrested In his legal rights.
Doiut made by the petitioner, namely, that there
La LIE Flanchet quilted the ship without leave, ana
not TO return and therefore not liable to
- think IL j. proved beyond a doubt that, at
{on,ition was made by the L. ; Consul for the ar
knehet he hal fully determined not TO return on
r. A. 10 what motive consideration led him to
k-aIu;ioa think that is of 10 consequence here.
Ia. up lis mind to quit service on board OF the
BUtr.yeution OF his agreement with Capt. Murdock.
E-Ianxlage OF maritime law. amino dereiinquendt,
ai---t by his own statements, and therefore con-
t. m the sense OF the maritime law
,rud-i by the petitioner that under the operation
.-,ri- Of the treaty with France, OF Goth March,
! 10 Frraeh subjects in this Kingdom the same pro-
I'd 70 their civil rights, their persons and property,
y native Hawaiian subjects, Le Flanchet could not
a. seaman without the consent OF the Consul of
= n native OF this ,inglom, by a provision of Ha-
r,ot be shipped board of foreign vessel, with
a. the tioveruOr Of the island where the shipment
am clearly o. opinion that the ground here taken
Counsel for petitioner - altogether untenable-
lafon % this King Iom- made expressly to cover
,loae and not in any way affecting the consfitu-
On a. 10 civil rights person or property guaran-
5,n .rhi,cts should be considered in any way ap-
80 subjects by OF the parity clause OF the
& TO- although an ingenious proposition, appears TO
kIy lallscious.
Rext opinr which Is based upon certain marine
T. and the respect 10 be paid 10 those laws with
om. by the comfy Of nations, have merely 10
r~iy coLeur in the iews of the Chief Justice, SO
n h5rfh in his decIsion-
II armed On behalf of the petitioner, that lie
pt held in custody by order of any competent ju-
ry not having been arrested iu pursuance of any
,d nosu sworn application, according In tie laws
sm When the learned Counsel says that the
iiun, addressed TO the Mar-hai by Mr.. Consul
,rryrrEf Of arrest, altbou gh u - 80 styled In
,-iura: and thai foreign Consul IA titIs King
q 10 issue such a warrant. think h. is entirely
u J. necessary in order To u e arrest IN every
rrrr from an American ship, that the Marshal,
R.tId fr,t be pruyited with warrant of arrest,
worn applI CATION, then lie FIanehet was illegal
knf ought upou that ground 10 re discharged hut,
! NJ opinion that deserving foreign seaman may,
t.vr
Ia the treaty st.puIstions- be arrested without
)e-s perhaps, IN the case OF such deserfer being
Ia Drvafe horse, when IL mi sht b nereSsary tlr-
our warrant e arrest, on the ground thar IN
rights Of orher parties would he iny.iived- Ine
|rserfIng foreign sesman- unier ordinary ciIcum-
(mbes, in my opinion, the arrest of party IN me
|ulne b. each rhe peace. other offen=e, which
rsI be made without warrant Neither the sta
-f6 The ProvI<Iou~ of any ct our freafis-, de-
necessary validate the arrest in -nch as
EhIt a warrant shoTId first be issued upon oath
-tnctive pr .isions r the inieth chapter of the
bn rel zion Ia arrests, apply to thi- case
reasons, and alter full examination ot the mat
hrI, Of opinion that the decision Of the Chief Jus
be affirmed
bee ALLEs and Justice Is, eoncu red-
: Dr the discharge Of lie FlsDcfet was reiIss d,
emanded INTO the custody Of the Marshal. to- he
zace Of the wntren requistion of the United
tourt. Lahain ns.--N0vember Term.
Iember term of the Circuit Court, for the
icial District, commenced on Monday the
at L1hlina, Justice Robertson, of the Su-
and Judge Ricnrr'ison, OF Maui, on the
ere were sixteen criminal cases, and I rec
the calendar. Few of the cases tried were
ferest.
lron, charged with the crime of perjury.
giving fflse testimony in a proceeding
psice Robertson, at chsmhers in 5lay Lust,
ilry. The facts and circumstances of this
re too lengthy for publication. are OF such
pileel The court ro, ut the ease ~ IN
bne The Dri-ones. wsS -en.an ID fo hSs
''a-nt It htrl ,bor.
Burns we'll kuuwp an sferr pricTifIon-
ini surgery. in LIh ,inr, was in'i;iei
the e; nj .Iegrce. IN ':tIsing the ie'fh
mtltre riment. The pr ~"ner'- c"uusei
m"Sed the court rhrf he be triei ny
o tn groan ], q II. thst iie,ng nnu-
Anin su'jec he vs. emit Ell Ia all fiie
g inl i'm nuniiie- IF native sutiect-, ami,
,, Ne h l reason { beliese thu he cnuii
impartial trial AT the h nIs If a foreign
strict Attorney. Mr.. Bonl. objected The
- to the mrs ground. thar although the
Iiwa ian u jrcf, he c,'ul'i u u. un'ier
sul ting tri i by jury, ci lam jury "f na-
bull he t-iel by jury II Foreigners, aud
no denial of right. inasmuch as the nc
e triel by jury If his peers; AMI, as 10
= the eour; could not entertain il, iuiimIt-
ln, at the same time. that il IL could be
|'r that there really was prejudice ayainst
p the foreign community. TO such an ex
lrnger his having fair trial. the proper
have been 10 move for change Of venue.
,ttorney said he was willing 10 consent TO
se ne, IL asked for.
e Attorney offered to- call Mr.. Brayfon,
foreman Of she cOroiser's Jury in the case
prove certain statements. or admissions,
ms, before the coroner's jury. upon oath
IL appearing that when Burns made
Fs at the inquest he was in a very excited
ht be bad previously been arrested on a
nslaugh'er. for causing the death of Ma
decided that the testimony Of Mr.. Bray
those statements should not be received,
prisoner bad been previously cautioned
fund guilty, under the indici ment, and
hve years imprisonment at hard labor.
sor, Thomas Strong, and Joseph Deaue,
With having committed an assault and
police officers, while in the discharge of
az the victuailing house Il one joseph
i'ina Deane was acquitted Reesor and
olnd guilty, but strongly recommended
the mercy Of the court. They were sea-
TO the American whHle>hip .. Milo,"
Lthaina and bound home The court
20 to pay fine Of $75 each, and costs,
risoned for twenty four hours.
oJourned on Monday the 18th instant.
iSTELLrGEScE-A Boston gentleman,
don. writes thus Of Mr.. Spurgeon, the
reacher: -
last Sunday morning and heard him, ut