The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-10-15
NOTE OF THE WEEK.
Supreme Court.

This Court met, pursuant 10 au1Ournmehb, III
Monday morning last, and the first matter coming
up was the case of the King Us. Orloff Peterson
charged with assault with a dangerous weapon. The
circumstances connected with this case were some
what peculiar, that is in reference to counsel. The
case had been adjourned over from the last July
term, and the prisoner confined for some months IN
default of finding bail. 1t appears that his Excel
lency the Attorney General and the prisoners cCun-
sci had entered into a stipulation TO take the deposit
tons of certain witnesses, sea-fariDg men, the same
to be used Oh the trial. When the case was called,
and the jury about TO be empanelled, W.. Z. Jones,
ESQ.,, prisoners counsel (after an intimation from
the Attorney General that he had been mnde aware
Of certain objections to be made as TO the deposit
tions), stated, that although he had consented to the
taking of said dispositions, he was Of opinion that he
had exceeded his proper duties towards his client, ne
not being present, in consenting TO such dispositions
in any way, and cited constitutional law, saying that
that had escaped his memory at the time. The
Attorney General charged the learned counsel for the
prisoner with bad faith in thus repudiating his solemn
agreement, and as utterly unworthy Of an Attorney
of record Of this Court and thought he (Jonesl
should go out Of the case. which thereupon Mr..
Jones did, and the Court assigned Mr.. Stanley as
counsel in the case.
The case was subsequently resumed on Wednesday
morning, when Mr.. Stanley, having had time TO
confer with his client, objected TO the admission Of
the dispositions, and as the crown had no further
evidence, the objection was referred TO the Court.
who ruled that it could not admit the dispositions in
a criminal case, and still further, could not grant
the Attorney Generals motion for n continuance,
seeing that the prisoner had been SO long awaiting
trial. and that the only duty devolviDg upon the
Court was 10 order the prisoners discharge. The
prisoner was called up, reproved, cautioned, and told
that he had a narrow escape, and then sent ON his
way, it is to be hoped rejoicing. The Attorney Gem
eral rose and said only one course remained for him,
and that was to make a motion that w. c.. Jones,
ESQ.,, an attorney Of record at this Court, be arrested
and struck from the roll. Mr.. Jones was about
ranlvinO in qYculnatiOn- when the Court Rtatod that
whenever the rule was taken out, he should have
every opportunity TO be heard in his defense. The
Colonel remarking that he should demand that as n
right, and if not granted he should be driven rcluct-
antly to a newspaper article. And 80 ends this
twenty-four hours, as they say in ships log books.
weather hazy. We are no lawyers, Heaven forgive US,
but it seems singular TO us that the learned counsel
on either side should have relied on these dispositions
in q criminal action in civil actions, AS we under
stand, they are common enough. What's TO be done
with the Colonel is yet to peg out.
The rape case Of Shong came up on Monday, and
the jury disagreed, standing six to six. Jury dis
charged and on Wednesday q new jury empanelled
and the case resulted in an acquital. Attorney Cen
eral for Crown, Henry Thompson for defendant.
On Tuesday, the case of the King Us. Blodgett,
came up before a jury on the facts, the demurrer, AS
we noticed in our last issue, having been oyerruled.
As there seems to be considerable interest felt in this
case by the public, we can only say that Blodgett
was charged with perjury, in swearing that he did
not write a certain letter, rejecting upon the officials
of the American Consulate and Hospital mt this port,
and which, il was alleged he did write. The jury
found by their verdict, that he was guilty as charged.
Blodgett's counsel relied, as it would appear, upon
the legal points in the case, which, as we recollect TO
have heard them in Court, were these That Blodgett
took the oath voluntarily, and could not have been
compelled to take it that it was not material to any
issue, as no case, trial or proceeding was pending
that it was not required by law, as in tax cases or
revenue cases, as is required by statute, though no
suit be pending. We understand that a motion in
arrest of judgment is before the Court. and the legal
eXcentiOQS NAV be hQallV carried before the full
bench.
On Wednesday-The case of Forbes ps. Gibson for
damages,-fve hundred dollars,-for alleged breach
of contract on part of defendant, was tried and YER
dict rendered for Gibson. We understand q motion
for a new trial will be made by plaintiffs counsel, on
the ground that the verdict is contrary to evidence.
On Thursday, the case of Wakeman Vs. Stanley, in
assumpsit, for money had and received. Gaze closed.
the Court reserving decision. Court adjourned till
Friday morning.
On Friday morning the motion in arrest Of judg-
ment in Blodgett's case was submitted by his coun-
sci, and the Court reserved its opinion on the motion
until 2 O'Clock z. NJ. when, after a lucid review of
the points of law as submitted, the Court sustained
the motion. The prisoners counsel then moved for
the prisoners discharge, and the Court made the
order for discharge accordingly. Attorney General
for the Crown, and Messrs. Davis and Thompson for
prisoner.
The case of the West Maui Plantation vs.. Camp
bell & Turton, as also that of Beneamina Va. Clark,
on motion were continued. The Court adjourned
until this morning 10 O'Clock.
INTER-IsLAND TRAvEL.-The resumption of steam
communication between the Islands by the steamer
KiLauea, is a perfect boon TO the travelling public,
both foreign and native, especially the latter, as
they implicitly believe in visiting their country
cousins often, and to guard them against any apo
plectic attacks from a plethora of fish and poi.
Who is there that, having been obliged 10 voyage
between the Islands for business, will not admit
the truth OF the above assertion. We say nothing
of thOap who vOvaUa for nlqaEurQ. QYcpntinO. sfaVQrV
one to his taste" or, as they say In the Gallic,
- everybody has his govt" But, setting all testing
aside, il may be said that even OIL board the HI
Ldued. as she was Of old, going at the lazy speed.
in a dead calm and smooth water, under the lee OF
Lanai, at the rate of two and a half knots per hour,
telegraphed by her smoke in the quiescent village
of Lahaina nine hours before her arrival. she was
infinitely preferred to a sailing vessel. The fact Is
that sailing vessels, with all stheir tackle, rigging
and sails, cannot be induced to go ahead without
wind. The records of Hawaiian navigation show
passages OF from four 10 eleven days from Kauai
to Honolulu, only one hundred miles distant. There
is one instance of sixteen days, where the captain,
becoming destitute OF all provisions but sugar, and
losing his reckoning, was told by a Hawaiian CHIEF
on board, 4" that if he didn't know where he was,
he'd better go back to Kauai and make n new
start" Thus to be broiled in the sun, in a calm,
under a high head-land, on board a schooner, when
the smallest amount OF steam power would run the
vessel past it into the refreshing breeze In the
channel ahead, is terrible. All this will be Teme-
died by the steamer Kuduen, especially in her pres
ent good condition, and we wish her success. We
learn, as a specimen Of what her success will I'M
doubtedly be, that she anchored at Lahaina at 2:46
O'Clock on Tuesday morning at Maalaea Bay on
the same morning at half-past seven. Passing on,
touched at Makee's landing, and arrived at Hawai-
haze twenty-five hours from Honolulu. So far, 30
good. -
WRECK OF THE SCHOONER MARHDA.-We under
stand that the schooner Mary. Capt. Berrill, went
mp a few days since TO the point Of Kahoolawe,
where the unfortunate MGrilda was stranded, and
secured from the wreck anchors, chains. running
rigging and sails. Nothing could be done with
the bull, as a number of her planks had been
stove. Aside from the articles saved, the vessel
was a total loss. Many years ago a whaleship
with a valuable cargo went on shore at the same
place, and under similar circumstances. When
the revenues Of the Kingdom will permit It, and
the assembled wisdom" Of the nation shall have
become s~urfeited with discussions upon the horse
and dog tax, divorce and other such matters, per-
haps an appropriation for a lighthouse at that