The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1866-04-21
Supreme Comrt. April Term. 1850

Prcsent-Chief Justice Allen. and Associate JUS
tees Robertson and Davis.
Rec vs.. BeaiaDliau-Chargc with furious riding,
whereby the personal safety and life of Mr.. Thrum
were endangered. Verdict of guilty. Fine 500
and costs. The Acting Attorney General for the
Crown \. =. Judd. Esq. for tue prisoner.
Hcr ". Bijo-Charged with forgery Of Il tax re-
ceipt. Verdict of guilty. Sentenced to three
months Imprisonment at hard labor. and to pay u
fine of SO and costs. The Acting Attorney Gen
eral for the Crown A. +. Judd. Esq. for the pris-
oner.
Rex vs.. Misunderstanding and larceny. Yer
diet of not guilty.
Rcr vs.. Acknowledging and larceny. Yer
diet of guilty, and sentenced to Imprisonment at
hard labor for four years.
Rex ". hUuumonui-Larceny Verdict of not
guilty.
Eer V. ~AkiDD-Charged with house-hreaking
and larceny of goods from the store of c.. +. Pfu-
ger. Motion to quash the Indictment, on the ground
that the indictment was not prepared. signed and
presented by any legally authorized officer, but by
{. c. Harris. Esq, as Acting Attorney General. for
he was also Minister of Finance. and these Offices
are Incompatible and homogeneous. Argued at full
length. and the Court ovcrrulcd the motion-Jus-
ticc Davis dissenting. Case tried before a jury.
'lil'ld Va VI SulltN ODIdLicu touiStl moved
an arrest Of Judgment, on the same ground as pre-
vious motion. Messrs. Jones and Judd argued for
the motion. and His Excellency c. c. Harris
against it. The Court decided that though no one
person could hold two commissions as Cabinet
officer, and hence Mr.. Harris could not be both
Attorney General and Minister of Finance. yet the
King. as the Executive. had the power to issue an
Acting" commission whenever an exigency de-
handing it might arise. and Of which he alone was
the Judge. Justice Davis was of the opinion that
the commission of March %. 1866. to c. c. Harris.
Esq. rs Acting Attorney General, and accepted by
him. vacated and was a surrender of the former
commission of Minister Of Finance. Motion over
ruled. and prisoner sentenced to five years impris-
onment at hard labor. The Acting Attorney Gen
eral for the Crown A. F. Judd. Esq, for the pris-
oncr. assisted Il. II. Stanley and ". c. Jones. Esqs.
Req vs.. Uainee-Onensc on the high seas-in-
citing Il mutiny on schooner Aberni. y noYe
proselui entered.
Re.c vs.. Manuel Joaguin-Assault with a danger
Gus weapon. Motion to quash Indictment for du-
plicity in joining two offences in one count. Motion
sustained and prisoner discharged. The Acting
Attorney General for the Crown W. c.. Jones.
Esq for the prisoner.
Rec ". -ILij-Charged with house-breaking and
larceny Of goods from the store of c. f. Pfuger.
\ oo1e proSequi entered but, on new evidence
being discovered and a fresh commitment made.
the prisoner was indicted again. and remandcd for
trial at the next Term. The Acting Attorney Gen
cral for the Crown L. IL. Stanley, Esq, for the
prisoner.
Eghaona and Eagl,ae vs.. Hoa-Eiectment-plain-
tins non-suited. II. Thompson. Esq. for plaintiffs
y. I. Judd. ESD. for defendant.
.AI1"a ". Ihu,a and Hopiau-rebt-to recov-
er the sum Of SOP. lost at gaming. Judgment for
defendants. Messrs. Judd and Thompson for plain
tiff: Il. II. Stanley. Esq. for defendants.
L,la PENN e cls. ". j. Kaaqi ct aLs.-This case.
involving the right to the use of the church at
Waimea. Kauai. Is an appeal from a Kauai Dis
trict Court, and i still before the Court as we go
To press.