The Hawaiian gazette., 1869-11-24
Circuit Court, Sd Circuit, Ha-
wall, November Term 1859.

ulnSi OHcult JuOBc AaIl on INC oeucu.
Rex VS.. Wahinepupuka, charged with sell
| ing spirituous liquor without license. The
Attorney General moved the Court that the
defendant be discharged on his own recog-
nizance, the witnesses being out of the King
dom, and the defendant having already been
in prison four months. The Court granted
| the motion.
John Peters VS.. L. McCully, continued
from last term. Mr. Jones for plaintiff, Mr..
Phillips for defendant. Defendants counsel
filed an agreement of parties to continue the
case until the November term A D., 1870,
and that if either party desires trial at that
or any subsequent term, he may be entitled
to it upon giving to the other party thirty
days notice in writing, but not otherwise.
The Court ordered the case TO be continued
according to the agreement
Rex VS.. KeIiilike, charged with larcency of
animals, on appeal from Hon. D. K. Naia-
paakai, Local Circuit Judge. The Attorney
General entered a nol pros. The Court or
dered the defendant TO be discharged.
Paukea VS.. Kamaipelekanc ct al Trespass.
The court upon motion of Mr.. Jones, coun-
sci for plaintiff, ordered the case to be con-
tinued until next term.
d. Purdy VS.. Waimea Grazing and Agri-
cultural Company. Mr.. Jones for plaintiff,
Mr.. Phillips for defendants. Mr. Phillips
for defendants moved to dismiss the case be-
cause 1st The summons issued under the
seal of this Court has not been served by any
officer to whom the same las been directed,
nor by any officer competent TO serve the
same within the Island of Oahu, within
which said process appears to have been SER
we'd; End. Said summons does not require
the defendant named in the petition to be
summoned; Sd. The defendant named in
such petition has neither been duly served
with process nor ordered to be so served 4th
The petition is not stamped. Mr.. Jones
for plaintiff, admits that the points are all
well taken, but moves the Court TO be allow
ed TO file an amended petition. The Court
ordered the case TO be dismissed.
Hitchcock and Brother vs.. Walk, deser-
ton of bound service, on appeal from Hon.
F. S. Lyman, Local Circuit Judge, acting for
the Police Justice of Hilo. Mr.. Lindsey, for
plaintiffs, moved the Court TO continue the
case until the next term, at Hilo. Mr. Ma
hoe, for defendant, consented to the contin-
uance' The Court ordered the case to be
continued.
Allen and Conway VS.. Naturalization
to recover the sum of sos. SO, the face of
certain promissory note, dated Nov. Both,
1868, with interest. Defendant appeared,
and confessed judgment. The Court ordered
judgment to be entered up for the plaintiffs
in the sum of s9OS.59, with interest at the
rate of l per cent. per month, for two
months, and at the rate of per cent. per
annum, from the expiration of the two
months to date.
Rex VS.. Keaweamahi-Charg with per-
jury, committed before Hon. D. K Naia-
pakai, Local Circuit Judge, in the case of
Chas. Motley VS.. Punikala, for desertion of
bound service, the defendant having sworn
that at the time of the execution of the con-
tract for service, the said Punikala was under
the age of 20 years. The Attorney General
for the Crown; Mr.. Mahoe for the defend
ant. Verdict, guilty. Sentenced TO impris-
onment at hard labor for the term of eight
months.
Rex VS.. Kaualoha, charged with distilling
spirits. On appeal from Hon. D. K. Naia-
paakai, Local Circuit Judge. The Attorney
General for the Crown; Mr.. Jones for the
defendant. Verdict, not guilty.
Rex VS.. Joseph Cheesboro, charged with
distilling spirits. On appeal from the District
Justice of South Kohala. The Attorney
General for the Crown; Mr.. Jones for the
defendant. Verdict, not guilty.
Rex VS.. IA, charged with furnishing spirit
uous liquors to a native of this Kingdom.
The Attorney General for the Crown; Mr..
Jones for defendant. Mr. Harris and Mr..
Mahoe, on behalf of Kalea, the surety on de-
PENDANTS bond for costs, moved the Court
that the surety be discharged from further
responsibility in the premises. The. Court
overruled the motion. Verdict, guilty. SEN
fenced to pay fine of $50, or in default
thereof, to be imprisoned at hard labor for
the term of six months, and to pay costs.
Rex vs.. Kameo and Pawela, charged with
distilling spirits. On appeal from Hon. D.
X. Naiapaakai, Local Circuit Judge. Tie
Attorney General entered a noHe prosegui,
upon the payment of costs
Rex VS.. Naiapahee, charged with distiIling
spirits. On appeal from Hon. D. K. Naia-
paakai, Local Circuit Judge The Attorney
General entered nolle prOsegui, upon the
payment of costs.
Rex VS.. Keliilike, charged with distilling
spirits. On appeal from Hon. D. K. Naia-
paakai, Local Circuit Judge The Attorney
General for the Crown; Mr.. Jones for the
defendant. Counsel for defendant moved the
Court TO instruct the jury to find verdict of
not guilty, as he claimed that there was no
proof of any distillation whatever, nor of
the finding of any spirits upon defendants
premises. Motion overruled. Exceptions
noted. Verdict, guilty. Sentenced to pay
fine of 500, or in default thereof, to be i'm
prisoned at hard labor for the term of three
months, and to pay costs.
The Attorney-General suggested to the
Court that no bill had been found against
Halulo, (w.,) who had been committed for
appearance at this term, and she was ordered
by the Court TO be discharged.
Rexys. Pomaikai, charged with distilling
spirits. On appeal from Hon. D. K. Naaia-
paakai, Local Circuit Judge The Attorney