The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-10-08

OOAT VS.. hlANGO, AND MANU- fo'
respectable citizens of Honolulu, near neighborS, in
fact, living in adjoining premises. went, as oil good
citizens should do ESQ say the ~lawyers) to law, a few
days ago, before the Honorable the Police Court in
the first instance. The case was somewhat in this
wise Mr.. A. owned a mich goat, which had n
great faculty of constantly visiting the premises Of
the neighbor Mr.. B., depredating, &c as the genus
caper is wont to do in the premises of the aforesaid b..
much to the latter's annoyance. In fact. in one
instance, entering the parlor of Mrs. B., and finally
also the store-room, putting his head and horns into
the sugar barrel, which the lady coming in and
observing, attempted, to use a legal term, to Gust Mr..
Caper-the lady no doubt, impressed with the idea,
that these were very queer capers for ~lady-goat to
cut up in the premises. But the goat, not relishing
to be thus disturbed in her saccharine repast, showed
fight and actually butted Ggin the lady Of the house
hold. and assistance had to be called to make the
ejectment effectual. The master of the house learning
the state of affairs, and having often demonstrated
with Mr.. A., and seeing also that a fine thrifty young
mango tree had been demolished by the goat, in a
very natural fit of Indignation, shot and killed the
said goat. Thereupon Mr.. A. takes counsel and sues
out a summons on the aforesaid MIR. b. for tresspass.
The latter, on service Of the writ, very properly goes
to another limb of the law, states the case and his
grievances, and is advised TO enter a cross action for
his damages, they being laid at fifty dollars goat
valued also at ten dollars. Now, it's a very pretty
quarrel as it stands. In due time the parties and
their counsel appear before his worship. After some
preliminaries, the Court intimates its regret that
such \ dispute should have arisen between near
neighbors, who ought to be fast friends, and that as
the case promises to be long and intricate, involving
important issues Of law and fact, suggests that il be
referred to arbitration, where all matters could be
equitably as well as legally adjudicated- this sug-
gestion meets with unanimous approval, and each
party chooses his arbitrator with the usual reserva-
ton, that if the two arbitrators cannot agree ON the
lOeighty or rather goaty matters involved, they should
choose a third as umpire, whose decision was TO be
final-the selection of the arbitrators was au exceed
ingly happy one, being two grave and reverend
signors, somewhat past the meridian Of this earthly
pilgrimage, and who were bound TO sit with all the
gravity and perspicuity which the Importance Of the
case required. They visited the respective premises,
conversed with the ladies. in short, interviewed them
as well as the premises very agreeably, and returned
to hold their session and take some oral testimony.
The attornies were also present, the elder Of the
arbitrators blandly remarking that he didn't want
to hear any stuff from any lawyer, as he was wen
acquainted with the nature of the animal, and could
very well dispense with any froth from him, and
that what he might say would not affect his mind an
iota whereupon the attornies dryed up, finding
they were not in a %congenial atmosphere. The case
being closed, the arbitrator retired to make up their
judgment. As the door was shut. the attorney for
the cloudy side ventured the hope that they might
agree and avoid the expense Of having TO call in an
umpire. 1t was intimated that he had the privilege
of attending to his own business, &C., whereupon he
wilted again. After a deliberation of three hour sand
hfty-nine minutes, the reverend signors re-appeared
and announced to the expectant counsel that they
had agreed upon their decision, after great labor and
a most exhaustive review Of the authorities, touching
the law of goat qudre eidusum fregit, and that, they,
as the result, gave the owner Of the goat damages,
seven dollars, and damages for the owner Of the
young mango tree and sugar keg, five dollars-in
fact, making a balance of two dollars TO be paid by
the latter TO the former. Strange IN aaV the attorney
for owner of goat thought that enough had not been
given for the goat, and as q natural consequence, the
attorney for the other party thought that enough
had not been given for mango and sugar the fees OF
the arbitrators were not overlooked in making up the
award, but as to the lawyers fees-they could take
care of themselves. And 80 ends this interesting
case, which will undoubtedly be repeatedly quoted
as a precedent in future Hawaiian reports. The an
clients used to say: o King live forever, but we
say, o law, ever glorious, live forever.
SUPREME CoUBT.-This Court commenced the Oc-
tober term on Monday last. The calendar of cases
was unusually large, especially civil cases, and near
ly all native. We could not help thinking, what a
paradise for lawyers, this little kingdom would be il
the genus kanaka, only had plenty of soap. For
really if there be one mark Of their civilization more
brilliant than another, it is their profound Opprecia-
ton of the glorious uncertainties of Ldp. No cases
were tried on Monday, the Court (Mr. Justice Hart
well on the bench) being occupied in calling the
cases, and assigning the days for trial. On Tuesday
morning, the native jury were called in, and the first
case tried, was as follows
The King Us. Kuku.-Charged with needless rid
ing, endangering public safety. Committed and
fined $26 and costs. Attorney General for the Crown
Messrs. Halai and Kanahina for defendant.
The King Us. Acknowledgment with needless
riding. Acquitted. Attorney General for the Crown,
Messrs. Halai and Kanahina for defendant.
The King Us. U~kumea.-Charged with perjury.
Acquitted. Attorney General for the Crown, Messrs.
Davis and Kanahina for defendant.
The King Us. Kumuhoa.-Charged with perjury.
The evidence in this case depending on the same state
of facts as the former, a nolle prosequi was entered.
Messrs. Davis and Kanahina for defendant.
The King Us. Robert Charlton Charged with as
sault and battery. In this case the Attorney General
entered a nolle prosequi. Messrs. Davis and Thomp-
son for defendant.
The King Us. Blodgett-Charged with perjury. In
this case a demurrer was filed TO the indictment and
argued at length, but on Friday morning was over
ruled by the Court and the case will 20 10 a jury on
the merits.
Mikalemi rs. Luau.-Ejectment. Case dismissed
on a plea in abatement. the husband not being joined
with the wife, whereupon the plaintiff finding that
his counsel was getting into deep water retained the
services Of Il. II. Stanley for the next trial at the
January term. Kalaaukane for plaintiff and Dole
for defendant.
John Colburn and Lahilahi, minors. by their guar
dian Mrs. Il. M. Colburn Us. Kamai-Case with
drawn, for the present, on account of non finder Of
wife. K ii. Stanley for plaintiffs, II. Thompson for
defendant.
Opunui and Kapohaku vs. Kalawaia Kamalii.-
Ejectment. Case on trial before a native jury. III.
Thompson for plaintiffs. w. c. Jones for defendants.
No Court to-day ON account Of the funeral Of her
late Majesty Queen Dowager KalAma Hakaleleponi.
Court adjourned till Monday, and the first case for
foreign jury will be the King rs. Orloft Petersen
Charged with assault Of a dangerous weapon.
that paper has turned a regular somersault-oh
yes. thought so-sound on coolie yet, though
Well, Idon't The appreciation Of the Master