The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-05-18
Circuit Court-Third Judicial Circuit.

The Clerk Of the Court and Sheriff being in at
tendance on May 18th, but no Judge Of the Supreme
Court having arrived at Hilo, the Sheriff adjourned
the Court until the next day at nine O'Clock a. m,
pursuant to Statute.
The Court met pursuant to adjournment, at nine
q. m. on Wednesday, May Sth, the Hon. A. f.. Judd,
First Associate Justice Supreme Court presiding, and
the Hon. s. L. Austin, Acting Circuit Judge. Mr..
L. Preston, Deputy Attorney General, appeared for
the Crown.
Rex. v. Nalehua (k), Kaleihookie tx. and Lauwa-
hina (k.), charge of malicious injury, appeal from
Circuit Judge. Mr.. Preston informed the Court that
the Magistrate (Mr Kekaula, District Of Kau) who
originally heard this case and convicted the defend
ants was the complainant. That before he had
known this he had decided to withdraw the prosecu-
ton, for the reason that it did not appear from the
evidence forwarded, the ofense had been committed
but had directed a prosecution in the Police Court
for assault and battery, and he therefore entered a
noHe prosequi.
Rex v. the same defendants. The defendants had
been committed for trial summarily by the Local
Circuit Judge for perjury in evidence given by them
in their own behalf on the hearing Of the previous
case, but Mr.. Preston for the reasons before men,
toned, (all proceedings being void) declined to pre-
sent an Indictment, and the prisoners were discharg-
ed. (They were charged subsequently before the
Police Magistrate with assault and battery. but
were discharged, the witnesses failing to identify
them)
Rex. v. KahOokae. house-breaking. The prisoner
was charged with breaking and entering the
dwelling house Of Lilihana W. and stealing eight
dollars and one bottle of hair-oil. The defense
was an alibi, but one of the witnesses for the de-
Tense proved that he saw the prisoner enter the
house. and the jury, after retiring for some time.
returned a verdict of guilty (three dissenting)
Sentence, eight months Imprisonment, with hard
labor. Mr.. Cecil Brown for defense.
Rex. V. Niihau. adultery appeal from Police
Court. Hilo. The defendant was found guilty Of
fornication. and was sentenced to pay a enc of Of
ty dollars and costs. Mr.. Cecil Brown for defense.
Rex. v. Moewa, manufacturing spirituous IL
quors. Appeal from District Court; fine and costs
paid and appeal withdrawn.
Rex. V. Mamahi. furnishing intoxicating liquors
to native Hawaiians. Appeal from District Court,
Kau; Hne and costs paid and appeal Withdrawn.
Rex. V. John Parker. adultery. Appeal from
Police Court, Hilo; fine and costs paid and appeal
withdrawn.
Rex. v. Kaala (w) p~olygamy. The jury,
after a long discussion, found the defendant
guilty, (three dissenting) and she was sentenced
to two weeks Imprisonment. with hard labor and
to pay a fine of one hundred dollars. Mr.. j. NJ.
Davidson for defense.
Thursday. May 9th, the Court met at nine a. m.
Rex. V. Nakuaau, (k.) murder. The prisoner
was charged with the murder Of a boy named
Poai, the prisoners grand child, about two years
OF age. ]. the District of kau, on the I'd day of
March last. 1t appears from the evidence that the
child set fire to the prisoners house, while playing
with matches, and the body was found lying on its
back in the ruins Of the house, the feet and hands
being burnt off and a wOund.-alleged TO have
been caused by the prisoner striking the child's
head against a stone,- in the back of the head,
from which the brains Oozed. A witness who was
present at the time of the alleged murder was
called. He had previously sworn at the examina-
ton at the District Court. that he had seen the
prisoner beat the child with the stone. and he ran
away, being afraid. Traces of blood were found
from a large stone to the corner OF the house near
where the body was discovered. But the witness
now denied the truth of his former tatement. and
alleged that he had been induced to make il in or
der TO be discharged from custody, on suspicion OF
III anppTnTffnI liz aEfRnA A a.
the Court took a recess and on resuming, Mr.. Pres
ton stated that he could not produce any further
evidence which would strengthen the case for the
prosecution, and be therefore asked permission 70
enter a nOHe prOSequi; but it was objected to by
counsel for the prisoner. who claimed a right TO "a
verdict of acquittal. which being conceded, the
Court directed the jury to find a verdict of not
guilty, which they did, and the prisoner was dis
charged. Mr.. j. NJ. Davidson for the defense.
Rex. V. Kaawa (k) and Nibemia (w.). adultery,
appeal from Local Circuit Judge. The defendants
were found gnilty. and the male defendant was
sentenced to three months Imprisonment. with
hard labor. and the female to one month.
Rex. v. KeOniliilii. Nika, Hapuku (k's), Hooleia
and Kalili (w's). These defendants, together with
another woman since dead. were all charged with
adultery, and by permission of the Court, the
prosecution not Directing, withdrew their plea Of
not guilty and pleaded guilty of fornication, and
were each sentenced to one months Imprisonment,
with hard labor and costs.
Friday. May 10th, the Court met at nine a. M.
Rex. V. Mahuka. polygamy. The defendant, who
had previously pleaded guilty. was sentenced TO
four months Imprisonment, with hard labor, and
to pay a fine.
Rex. V. Ioane, polygamy. This defendant, who
had also pleaded guilty, was sentenced TO impris-
oument. with hard labor, for six months and to
pay a fine of twenty dollars, the Court making a
distinction between this and the preceding case.
because the defendants wife was living within
eight miles of him.
Rex. v. KAPPA, forgery and uttering a draft for
one hundred and fifty dollars. This case occupied
a considerable time. the prisoner attempting to
prove an alibi as to the uttering. Mr.. Preston
abandoned the count for forgery and the jury, al
ter an absence Of upwards Of three hours, re-
turned a verdict Of guilty. Sentence. four years
hard labor, and a 6ne of one hundred and City
dollars. Mr.. j. NJ. Davidson for defense. Second
indictment was Withdrawn.
Rex. V. Heanu (k.), polygamy. This case oc-
cupied some time, the defendant producing a let
first wife. informing him Of her death. after the
receipt of which he married a second time. The
defendants second marriage took place in March,
1874, and he admitted having seen his wife in
1871 or 1872. At the close Of the defendants
case, Mr.. Preston submitted to the Court that even
supposing the defendants statements to be true.
there was no legal defense. as the defendant
knew his wife was alive within four years of the
second marriage, TO which proposition the Court
assented. whereupOn the defendant withdrew his
plea and pleaded guilty. Mr.. Preston said that
under the circumstances, he would not ask for
but would be satisfied il the defend
ant would enter into bis own Tecognizances in
the sum OF two hundred and hfty dollars to ap-
pear for judgment at the next Term, if called
uDOn.