The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1878-12-21
Second Judicial Ct
December Term. 1873.

Hox. LswEENcE NcCUILr, Justice Of the Supreme
Court. presiding; Hon. \ FoENANDER, Associate
HIS tx. +. PEEsToN. Attorney General, for the
Crown.
On calling The roll Of Foreign Jurors. only
| eleven responded out OF twenty-five, on whom due
service had been made. The Court proceeded
with the arst case by calling in q talesman. OF
the eleven absent jurors two arrived during The
Grst trial. having been belated on the road, and
were excused for hardness. The Court afterwards
examined the cases 81 the other nine with the fol-
lowing result Two had removed their residence
to the Island Of Hawaii, and had made a timely
request TO one Of tie Justices Of the Supreme
Court. al Honolulu. To- he excused. One was found
to be az Honolulu under medical treatment one
had been excused CO personal application to the
presiding Justice. One. q resident OF AakaTso'
had sent a letter to the Court stating that from age
and i~n6rnity. b. was unable to ride in to Lahaina.
This was known TO be true, aud a memorandum
made that be should net hereafter be pnt on the
Jury list one wrote that he had been taken Ill
the previous night. and was not able 10 make the
journey. This statement was not accompanied By
the certificate of q medical man, bat the Court con-
sidsTed that this Was not always TO be got Ia the
country districts. AM remarked that IN such cases
some verifcation by a ~neighbOr was desirable.
Tue explanations. aud excuses for the foregoing
cases were accepted. not without q degree OF hesi-
taiiOn as to some OF them. The remaining three
sent excuses, in very respectful language. as being
pressingly engaged. two of them in temporarily
experimenting plantations. one as being employed
on some government work. The Court considered
that the excuse Of business. and Of urgent business.
could probably be made by every juryman Of tue
panel. There is not here a class of men of leisure
from whom a jury can be cited without Interrupt
ton Of their business. III il should suffice for any
Juror. at the meeting Of the Court to send his ex-
cuse Of business, not himself coming to see if the
urgent circumstances Of his case will make him an
exception, all of them may do the same. and the
Court would be left without a Jury to try its cases.
civil and criminal. The rule must be that no ex-
cuse will avail tor one which would not serve for
all alike. These three were therefore fined $40
each. The Court did not impose this small fine as
a Communication for n0n-attendance. 1t is not con-
sidered that jurors have the option of not appear
ing, by the payment of q small sum of money. If
this scale OF fines shall not serve as an admonition,
such fines will be imposed and such measures taken
az will cOerce attendance.
An order was issued to the Sheriff to collect
these fines.
Haiku Sugar Co. vs. Naopu (k.) Appeal from
District Justice, Mskawao. DESERVING contract SER
vice. Judgment for plaintiffs.
Haiku Sugar Co. VS.. Makamakaole (k.) Appeal
from District Justice, Makawao. Deserving contract
service. Judgment for plaintiffs.
Nauliuli vs.. Kamailio. Appeal from Local Circuit
Judge. Damages. Verdict for defendant.
A. II. Spencer vs.. Kappa (k.) Appeal from Dis
trict Judge of Makawao. Deserving contract service.
Thrown out Of Court. Defendant to return to the
employ of plaintiff.
Kamahalo vs.. Charles Cockett. Appeal from Local
Circuit Judge. Damages. Withdrawn.
Chin Qui Fat vs.. Philip Milton & Co. Appeal
from Local Circuit Judge. Breach of contract.
Judgment for defendants.
Sam. Kamoahakau, administrator of estate of
Kuanoni, vs.. a. Keohokalole. Ejectment. Discon-
tinued.
Ohulenui (k.) vs.. Kukalei, alias Kahaleki (k.)
Ejectment. Daniel Kahsulelio for plaintiff. Con-
tinued.
Hail (w.) VS.. Kaahu (k.) Libel for divorce.
]. A. Nshaku for libellant. Decree absolute granted.
Kapani * vs. Kekahuna (w.) Libel for divorce.
a HI M niln nnA-nn nfuoa
Ka~ilikaiWaikahau (w.) vs.. Kapeluliahi (k.) Lii
bel for divorce. r. F. Bickerton for libellant. De-
cree absolute granted.
Kekaulaiwi (k.) VS.. Kamaka (w.) Libel for
divorce. Papers not returned.
Kekahuna (k.) We. Kaahanui (w.) Libel for
divorce. Continued.