The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1870-10-19
Supreme Court. Oct. Term. 1870.

appeared before the Hon. Alfred 5. Hartwell
beiug then and there one OF the Justices Of the
Supreme Court Of the Hawaiian Islands, and
duly authorized then and there to administer
oaihs. and that at ID. same time and place also
appeared 10 bis official capacity, Thomas Adam
son, the younger Of that name. being then and
there Consul Of the United States Of America
for the Port Of Honolulu, duly commissioned and
qualified and the said Consul then aud there in
bis Official capacity as Aforesaid and then and
there acting and claiming to act in behalf Of the
United States Of America, and in order to pro
cure testimony to be used 10 the Department Of
State, one Of the Departments of the Government
Of The said United States Of America, being then
and there Government on terms Of amity with
the Government Of HIS Majesty, the King Of the
/ Hawaiian Islands and that the said Consul then
and there. in his official capacity Aforesaid for the
purposes aforesaid, produced to the said Justice
what purported 10 be the copy Of certain letter
which the said BIodgett bad denied tina. he had
ever written. and concerning The writing Of which
the said Blodgett said that he knew nothing
whatsoever, end requested said Justice then and
there to prepare an affidavit, TO be subscribed and
sworn to by the said Blodgett. to the end that
the same might be received ~ the said Consul,
and daily Transmitted to the Department Of State
aforesaid, and that then and there and thereupon
the said Justice did prepare an affidavit. TO which
said letter was annexed, and that said Blodgert
did then aud there sign the same in the presence
Of said Justice, and that said Blodgett did then
and there swear that such affidavit was true 70
the presence Of said Justice. who did then and
there duly administer the oath to said Blodgett
by the ceremony Of the uplirted hand. and with
out laying the hand on the Bible. and who was
then and there legally authorized to administer
such oath" The Indictment sets forth q copy Of
the letter in question. which is dated at Honolulu.
addressed to Hon. II. Fish, aud charges frauds
against the United States Government on the
part Of SIr. Adamson, and Of Others in connection
with the Consulate a. Honolulu. aud is signed.
&c J. 7. Bl0dgett. late Asst. Puryeyor Z. :. H.
Following the letter is this statement. viz: Il.
J. T. BlOtgett, Of Honolulu. H. l.. late Asst.
PurveyOr Of the L. s Hospital Of Honolulu.
have read the foregoing and do hereby depose
on oath that I neither wrote nor caused to be
written the original letter Of which the foregoing
purports to be a copy. and I do hereby further
depose that know nothing whatsoever concern |
ing the writing Of said letter. JT BLoDGETT."
The Indictment also charges that after the
foregoing affidavit was subscribed and sworn to.
the said Justice did append thereto a certificate
under his hand and the seal Of the Court. in
words and figures folloVing that Is to say: Per
sonaliy appeared before me at Honolulu. Island I
Of Oshu Hawaiian Islands. this twenty-second 1
day Of April. A. D. 1870, the above named J. T. /
Blodgett, who made oath that the foregoing |
by him subscribed in my presence. is
true. Witness my hand and the seal of the Su-
7reme Court ALFRED ;. HAETwELL
seal OF Sup Court Justice Sup. Court"
The indictment further charges that the pris-
onsr. at the time and place Of Subscribing and
swearing to the aforesaid affidavit, did wilfuIy.
and falsely state in writing the mate.
nal facts on oath. that he. the said Blodgett.
neither wrote nor caused to be written the
original letter, Of which the foregoing purpors
% be copy. end that he knew nothing what
ioeyer concerning the writing Of the said letter.
whereas, 10 truth and in fact the said Bodgett
hen and there knew much concerning the said
etter, and the said Blodgett did write the said
atter, and did cause the same to be forwarded to
he Hon Secretary OF State of the United States
t America; all Of which the said Blodgett. at
{ the time Of subscribing and swearing to the
Did affidavit then and there knew 10 be true.
Ind the Attorney-General SAYS, that the said
aih was required, and the requiring Of it was
uly authorized by law. and that it was duly ad.
by the said Justice in person. Who had
hen and there legal authority to administer the
anne, and that the flcis alleged to have been
'lsely subscribed and sworn 10 we're pertinent to
be matter IN question. and we're not idle. inner
neut, Irrelevant or Insignificant Ecis.- The q
Indictment concludes with formal charge Of
eIary IN the second degree, as not committed
n q complaint or proceeding against. or trial Of !
~ one for a crime subject to capital punish {
tent, evidently tending to charge him with or q
onyict him Of such crime, 10 case he should be
hsrged With or convicted Of such crime"
The prisoners counsel filed demurrer. alleging ,
I
ouiained in manner and form as the sane are a
herein stated and set forth are not sufficient in
II, and that he Is not bound By the Law of the q
md to answer the same and assigning for rea- :
1us Of demurrer. - that il nowhere APPEARS in n
he said indictment that the alleged false oath +
herein staied and set forth was made in any 4
Idicial proceeding known to the law # this d
-ingdom. nor tina, the alleged false oath was an q
ath required by law. an oath. the requiring of
hieh was authorized by law nor that the said +
legged false oath was made before any judicial or
her officer Of this Kingdom, required or author
ed to require by law, the same IN that behalf 1
The demurrer was argued and after being con- Q
deFed By the Court was overTuled The trial 7
zen proceeded. 4 verdict Of guilty vas rendered. +
ID the prisoners counsel then fled motion in +.
rest Of Judgment, which was submitted without h
gumeat The Court pronounced Judgment, Il
anting the motion, and ordering the discharge Of c.