The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1869-09-18
ETHE PACIFIC
Commercial Advertiser.
SATURDAY,. SEPTEMBER Ii
supreme Court.

The by no means pleasant task deyolyes upon
NJ to again comment upon the doings Of that
lboiy which, like Ce-ar's wife, should be above
suspicion, and above reprUach. The record OF
all the proceedings thus far, in the case Of Elaz-
lin rs. Mcdonald, is enough to make one blush
fo- the reputation Of our Judiciary. We will
briefly rccapitulatc the proceedings in this case
n case that the yeriest tyro in law matters could
Lave disposed Of without difficulty, ut the outset.
The counsel for Hazlin, as noted in our last,
moved the Court to cores its Judgment and to
order Mcdonald to be again arrested ON n writ
al oaPias sGtiJaeeHdum and held for payment of
costs and damages awarded. On the 10th, Judge
WIdemann ruled on the motion as follows
THE writ is denied, but n MOHiH0H is granted.
Respondent to pay the amount of the decree,
within four days, including this day, and if not
50 paid, the Court would then issue the oapias
asked for"
The mOHifiOn was accordingly issued and served
on the 10th, the same day on which the ruling
was made.
On the Nth, which, including the day of the
issuance Of the mOnifion, was the prescribed four
days, Mr.. Jones, counsel for l~ibellant, moved the
Court for an attachment OF writ Of execution in
the nature Of n ca sa, to enforce payment.
On the 18th, Judge Widemann ruled on the
MOTION that it was granted; let the writ Of ca
pias al SatisfaeieHdu1n, rs prayed for, issue against
Respondent, and let Respondent be held until
the decree is satisfied. with costs, or until other
wise ordered by the Court
Accordingly the eaPias was duly issued. After
citing the facts in the case, the document con-
eludcs as follows Now. therefore, in order
that full and speedy justice may be done in the
premises, you are strictly charged and com
manled, jointly and seyerally, by the Hon. ii.
\. widcmann, Justice OF the Supreme Court, to
attach and arrest the said Henry Mcdonald, If
he be found in the Kingdom. and him so attached
and arrested, you keep under safe and secure ar
rest until Inc shall pay the sum of $3.50, together
with the costs Of these proceedings, and your
fees ON this execution, or until he shall be other
wise thence discharged by due course of law,
and that you duly certify the Judge aforesaid
what you shall do IN the premises, together with
these presents
Whereupon, Mcdonald. like n football, is
judicially kicked back into prison, by the same
legal boot that n day or two before ejected him
therefrOm. IL must be all as clear as mud to
him, and equally as clear to his friend the libel
liant, whose particular want Is to receive satisfac-
ton for his injuries They both will undoubtedly
come out OF this ease.-if they ever do get out of
it-with n very exalted opinion Of the wisdom of
the Hawaiian Judiciary.
But nOw comes another act in this farce. On
the 18th, yir. Stanley, counsel for Respondent.
moved the Court (A1r. Justice Widemann) "a that
the writ issued by the Honorable Court in the
cause Of HazIin rs. Mcdonald, on the 18th Sep
tember, 1860, and executed by the arrest Of the
Respondent on the same day, may be reseinded
and set ASIDE, and the Respondent discharged
from his imprisonment under the same, for these
reasons
F1a-That the monition upon which the
writ issued did not follow the decree of the Court
herein, authorizing the mention, in respect to the
time allowed to the Respondent to satisfy the
same.
SecondLThat the application and grounds for
the writ were fled n day before the time fourteen
days) during which the Respondent was to satisfy
the decree.
Third-That M just and cogent grounds have
been shown for the issuance or n writ arresting
the person
Fourfh-That by the law and practice OF the
Admiralty Courts Of this Kingdom, there ia no
such writ n i ooPias ad sGfiJaasHdum, such writ