The Hawaiian gazette., 1875-09-08

| haeeet. Explained 70 tuen tne uOSt lm pOrtaut
parts Of the document This is the evidence Of
their chosen interpreter and witness to the in-
strument, and IL Il is to be relied upon, shows
not only that they understood the paper-bu,
that the sum Of money which they might hope
for, was being talked Of and the witness adds
the parties were apparently exhausted by long
litigation aud had not been treated well by the
persons employed by them" 1t certainly can be
Of no consequence that when written to at a dis
lance with no papers before him. this witness,
sitter lapse Of seven years. replied that the pa.
per was deed and the sum Of money $500; for
any one may have a wrong impression at that
distance OF time regarding a paper which is not
before him, that was of no personal Importance
to himself, and which is only among many hun
dreds that passed before him in the way OF bust
ness-but when the paper is put before him on
the stand, and he has bad the opportunity to
think and refresh his memOry-this is his testi-
mony.
This paper, therefore, is produced to the pur-
chaser, drawn up aud executed in due form Of Law,
and witnessed to have been so executed by two
competent interpreters. one OF whom was pro
fessed interpreter-and acknowledged before the
lawful officer to take such Acknowledgements, and
in addition certified by competent interpreter to
have been fully translated to the persons execut-
ingit Surely the most cautious aud prudent law
yer or counsel need go no farther.
Mr.. Jones had no apprehensiOns excited in his
mind-and il not Mr.. JoOes, why Mr.. Stanley or
Governor Dominisi Mr.. Jones in the course Of
the hearing said that he took no care or notice Of
it, because he had been excluded from the case
supplanted by Mr.. Lawrence. Surely Mr.. Jones
does himself injustice. He, as counsel in the
case, would scarcely have allowed the averment
to so into the bill, that he refused to go on with
the case unless they gave him share Of the land
If the truth was that instead OF his leaving the
case, his clients withdrew the case from him.
And he can, still less, mean to say that after
having received $50 as fee, from these people,
and left them because they would not give him
an interest 10 the land, he saw fraud about to
be perpetrated upon them, without taking su6i
Gent interest in them to warn them. The better
inference, and the one probably most consonant
with the truth is, that Mr.. Jones saw no wrong,
suspected no wrong, and If he saw and suspected
no wrong, then there was no reason why the pur-
chasers or their attorneys should see or suspect
any wrong.
Counsel urge that defendants ancestors we're
not bona tide purchasers since they neglected to
take reasonable precautions to see il the heirs Of
Kalaiheana had agreed to sell "The
purchasers, acting under the advice of an eminent
conveyaneer, would not have omitted to ask for
the original deeds to accompany their purchase,
if he thought it Of any use to ask them. These
latter deeds are now in the plaintiffs possession
To the first part of this it is proper to answer
that the power of attorney itself sets forth de-
sire to sell, and one is fairly to be presumed to
desire that which he deliberately sets forth in
formal document be does desire. And they the
purchasers might have asked for the original
deeds il they thought it of any use so to do, but
our registry laws have taken away that impor-
lance from the fact of possessing title Deeds
which was necessarily attached to that fact, at
times when aud in countries where no such laws
existed. But in this particular case the only
title deeds which the plaintiffs have or can have,
are certificates Of Land Commission awards to
their ancestors, taken from the public records
and any one can have a like certificate by paying
a very small fee and further, for those pieces in
which the Princess Ramamalu was joint owner
under the Land Commission award, her guardians
aud representatives undoubtedly had like certi-
fcate, aud conld obtain as many as they might
choose to pay for; so that truly it might be said
It was of no use to ask for them-and the present
possession Of them by the plaintiffs can be Of no
Inconvenience to defendant. and can afford not
The smallest presumption that the power of attor-
ney to Lawrence, by authority of which he con-
Veyed the estates, was not signed by them for the
ises and purposes in it set forth.
1t further appears that the power Of attorney |
n question was made on the 10th Of December,
1861 and the purchase was not completed until
uily three months afterwards, q circumstance of |
lot much Importance, but tending surely to show
hat there was no such haste as would tend to
how an undue anxiety on the part of the pur-
,hasers, snch as would accompany a conscious
less of fraudulent collision or a collision Of
my kind with the attorney in fact for the other
ide. Very nearly year atterward, all the heirs Of
lalaiheana, represented here, signed an order for
$3.50 on Mr.. Lawrence, to be paid out Of the pro-
eeds of sale of Heumoa and Kanewai, on which
Mr. Lawrence wrote On acceptance to the effect
hat he had $500 belonging to them, which he
would pay on their giving him receipt in full
t all demands From this it would appear that
800 Of the money was already used up, or ap-
ropriated by Mr.. Lawrance, and it is suggested
hat they signed this without clear understand
ng of its import, and did not intend by this to
atty or acquiesce IN Mr. LAwrence's sale. Mr..
says that he interpreted it TO them,
nd thinks they understood it, though be
ook no particular pains to make them under
tand it. But court cannot go on concluding
hat people do not understand the consequences
{ their own acts, and relieving them against the
OF their own ignorance and stupid
y, more especially when as in this case they
Iould be obliged by doing 80 to inhict a wrong
n third parties IL Mr.. Lawrence made use OF
is confidential relations with them to get q pow
r Of attorney, utterly unjust and inequitable,
heh would enable him to sell their land for any
1m however inadequate" it should be rsmem-
cred that Mr.. Lawrence had no confidential re- l.
Itions whatsoever with the party defendant or
err ancestors. and the power Of attorney which
lese plaintiffs voluntarily signed, without any
1licitatiOn on the part Of the purchasers enabled
leir attorney TO obtain one thousand dollars for
le conveyance Of their interests in the lands.
THAR pouror ofo hav hold To,v Oft