The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1869-12-04
THE PACIFIC
Commercial Advertiser.
SATURDAY, DECEMBER 4. u,

stolen goods. The decision was an elaborate de-
fence Of Mr.. Hcuck, far exceeding in ingenuity
OF construction the efforts OF the counsel for the
defence, which finally closed with the discharge
Of the prisoner. So far a. Mr.. Heuck is con-
cened, we have only TO congratulate him upon
his cscapc but our duty a. journalists compels
US to re,iew the testimony and establish, as we
hope To, for the good Of society, the recreaney Of
the Police Magistrate.
= it will be remembered that q package of
whalebone was found in Mr.. Torberts lumber
pile, on the Esplanade that Mr.. Torbert gave
information to the police that a watch was set
and the thief arrested when he came for his
plumber that on his examination others were
implicated, and that finally Mr.. Heuek became
80 intimately connected with the transactions in
the whalebone, that the Marshal instituted q
suit against him that n warrant issued Tor the
arrest Of Nr. Heuck that before the warrant
was served Mr. Heuck presented himself before
the authorities, and requested an examination;
the result being that bail was accepted and the
examination took place. The evidence adiuced
was published in our last issue, with the excep-
ton Of Mr.. Schaefer's, which was taken after the
ease had closed, and Of which we were not aware
until too late to report il; but the gist Of which
was that Mr.. Schaefer had purchased a package
OF trade bone, Of about one hundred pounds
not in understandable condition that the person
who had it for sale had a permit from the Custom
House certifying to the legality Of the landing Of
the bone the bone being brought to the store
while Mr. Schacfer was out the bone belonged
to the cooper Of an American ship, and the mate
Of the ship was also present during the day to
attest that it was n proper transaction that the
price paid WIS so cents q pound. that it was
small bone; that he also purchased a lot Of 20
pounds early in the month, for which he paid IS
cents, To n foreigner, who appeared to be an
officer or steward that all the transactions took
place during the daytime, and in n legitimate
manner.
The Attorney General objected to the admission
OF Mr.. Sehaefer's testimony. before it was taken,
but his Objection was overruled by the Magistrate.
Who asserted that he should not apply the rules
Of eyidepce strictly to this case that any testi-
mony which would shed light would be admitted.
The Attorney General responded that in his
opinion it was n case where rules OF evidence
should be applied that if the Magistrate in
sisted that the laws and rules regarding evidence
should not be enforced in this examination he
wished it understood that he would not be bound
by such ruling. The Magistrate, very naturally,
for him, denied that he had used such language,
to which the Attorney General replied, l ~reiterate
it, sir, you did. We do not claim to report this
verbatim, but we have taken pains toobtain the
report from parties who were present, and believe
that it is the essence Of the language used.
The decision Of the Police Justice will be found
in full on the third page. The Magistrate was
called upon to examine the evidence and decide
whether 81 there is probable cause to believe that
conviction would take place before a jury" In
deciding that the evidence adduced at this ex-
animation would not, If presented to u jury,
probably result in a conviction, he has not only
stultifed himself, but Indirectly insulted the mem-
bcrs of our community who go to compose a jury.
Doubtless the most Of our readers have care
fully read the evidence which came out on the
trial, which was faithfully and carefully reported
and published in our last, and we believe that
ninety-uine out Of u hundred who so read it
were struck with the straightforward statement
Of the witnesses Kahele, Nakookoo, kamuela
and Hakuolc, in relation to the thefts and the
delivery Of the plumber ut Mr.. Heuck's premises.
The witnesses were examined separately, yet the
transactions, and the parts which they individu-
ally took, are narrated in \ simple, plain manner
which stamps their truthfulness, and must carry
conviction to the impartial reader. There were
persons in Court during the examination Of the
natives who are thoroughly cOnversant with the
Hawaiian language, AMI who during n long resi-
denee on these islands have become experts in
weighing native testimony, who have made the
statement that the evidence, particularly of Ma
kookoo, was given in n manner which stamped il
"a truthful and reliable, and that il carried con-
yiction to their minds. The statement Of any
one OF the witnesses in relation to the mode Of
obtaining the bone from the ships and the placing
OF it in Mr.. Heuekfs yard will be found to be
fully corrOborated by the other participants.
The statement OF NakookOo in regard To the
sums Of money obtained from Mr.. Ileuck is borne
out by the transcript Of the purchases obtained
from Mr.. Heuek's books; Hakuole's statement
in relation to the amount he received from Mr..
Heuck is also verified. NakOOkOo's statements
in regard to the way in which he entered Mr..
Ileuck's premises to obtain pay, and the parties
present at the time. are eorrobonted by Keamalu
and Anthem, who are Mr.. Heuck's witnesses.
In fnct all the minor points stand unassailed by
the cross examination OF the witnesses for the
crown, and the testimony OF the witnesses for the
defence. The Magistrate seems to have entirely
overlooked these facts and very unfairly treats
Nakookoo's evidence as OF no value, in fact
clearly ignores the Hawaiian testimony as value
less, while he goes out Of his way to laud Mr..
Heuck's witnesses. We have to complain that n
judge should set the public, from which jurics
are obtained, an example so pemicious as this
will prove to be that the testimony Of Hawaiians
is of no weight as against unsupported testimony
Of foreigners
In relation to Mr.. Heuck's completely Nakookoo
said
Am a boaiman- Know Mr.. Heuck. Have had conversations
with him about bone Wednesday, dnt week In November, At
o O'Clock IN The morning. went % bis store and found him there.
Asked "a he wanted walrus teeth, and he said, yea He said
he would give Is cents 4 pound br them 1 told him that, l
got 20 cents a pound Heuck said that the price was lover n
home, % he paid less- Ithen asked about whalebone. Heuck
sad that he woub buy IL, and asked me when I would bring IL
n - -. - l. a. 49,. l.. .-.fA ~