The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-12-16
Circuit Court, Second Judicial Circuit, De-
cember Term 1875.

Before the Hon. G. c. Harris, First Associate
Justice Supreme Court presiding. and the Hon. A.
Fernandez Circuit Judge.
His Excellency W. r. Castle, Attorney General,
prosecuted on behalf of the Crown.
Rex. VS.. Lukahili, (k) HOUSEKEEPING. Plea
guilty, sentence IL months hard labor
Rex. VS. KekahuRa, (k) uttering "a forged order
for payment of money. Verdict not guilty, L..
Aholo for defence.
Rex VS.. John Akana, larceny I'd degree. The
Attorney General applied for an adjournment on
account Of the absence or n material witness.
Counsel for defence did not object, and the priso-
ner was discharged upon his own recognizance to
appear at the next term at Wailuku in June. Il.
Preston and w. II. Halstead for defence.
Rex. VS.. S. r. Stone, selling and furnishing
opium. This case was tried before a foreign jury
on the 18th inst, when the jury were discharged,
not being able to agree. On the following morn
ing when q fresh jury was applied for, the deien-
pleaded guilty, and was sentenced TO four months
Imprisonment with hard labor. Il. Preston and
w. H.. Halstead for defence.
Rex. We. Alonzo Davis, adultery, Appeal from
district Judge Makawao. The defendant was dis
charged upon his recognizanee TO appear next
term.
Rex. VS.. Paho (k) and Keala, (k) larceny 4ih
degree. Appeal from district Judge Waikiki.
Verdict not guilty. 4. Preston and j. W. -Kalua,
for defence.
Rex, VS.. Kami, selling ava without a license.
Appeal from district Judge Waikiki, Verdict not
guilty. l.. Aholo for defence.
Rex. VS.. Makai, larceny. Appeal from district
Justice Wailuku. Verdict not guilty. ID. Kahau-
lilo for defence.
Rex. VS.. Napualii, larceny. Appeal from local
Circuit Judge. l.. Aholo and w. ii. HalsteGd for
defence. Nolle Prosequi entered.
Rex. VS.. Aiona (Chinaman) and KObuki, (w)
adultery. Appeal from local Circuit Judge. The de-
fendent Aiona claimed a foreign jury, and after the
Crown had rested, counsel for defendant objected
that M Avoidance had hppn 0ivan of tho ruarriaOQ
of the female defendant. The court sustained the
objection, and the prisoner was discharged. The
female prisoner was discharged upon her own re-
cognizance to appear II called upon at the next
term. L. Preston and w. III. Halstead for defence
Rex. VS.. Palea Mahi, furnishing intoxicating
drink TO natives Appeal from district Judge
Wailuku. Appeal Withdrawn.
CIVIL CASES.
The following cases were Withdrawn POmai-
kai VS.. Kamaka Akai vs.. Kailihiwa Kalawe (w)
VS.. POaipuni libel for divorce, dismissed. l.. AbOlO
for respondent.
d. P. Eldridge VS.. Keoni Kamanu. This was an
appeal from the decision Of the local Circuit
Judge, confirming decision of district Judge
Of Makawao in favor Of defendant for deserving
service. The defendant commended that the con-
tract was void on the ground that the parties were
both natives and the contract was In the native
language, whereas the law requires that when
either Of the parties are Of the native race the con-
tract shall be in both the English and Hawaiian
language. The court sustained the objections:
f. Preston for plaintiff, d. Kabaulilio for defendant.
r. E.. Morrison, executor OF James Daniels, ac-
don Of assumpsit for services rendered Peter
Genet. The jury returned a verdict for plaintiff
with damages SlI0. +. Preston and w. II. Halstead
for plaintiff; Attorney General for defendant.
H. Cornwell VS.. Manuel sylvia, assumpsit on
prOmisOry note; judgment by consent for S4Il.25.
f. Preston and W.. III, Halstead for plaintiff; II. +.
Bickerton for defendant, r
Waihee Sugar Plantation VS.. Kalapu. appeal
from district Judge Wsiluku. This cause was
removed by consent to be heard by the Supreme
Court at Honolulu, A. S. Hartwell for complain
ant, Z. Preston and W ii. Halstead for defendant.
Maxine (w) VS. w. ii. Bailey, trespass in pulling
down a house belonging TO plaintiff. The jury re-
turned a verdict for plaintiG With 500 damages.
Subject to 4 point reserved for the Supreme Court.
whether a lease under which the plaintiff claims
being granted to her ancestor for 9 years without
the words assigns being mentioned. determined
upon the death Of the leasor. f.. Preston and
W. II. Halstead for plaintiff, Attorney General
for the defendant.
Joseph FeTnanderz We. Kelupahia, libel for
divorce; the process not being served IN time, the
case was continued 10 next term. On application
Of respondents counsel, the court made an order Of
alimony pendenie lite at the rate of SI0 a month
and $50 counsel's fee. r.. T. Bickerton for libel
liant. L. Aholo for respondent.
The Court adjourned on Thursday, Th instant.