The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1880-12-18
.LAHAINA CORRESPONDENCE.
Court News-An Important Question.

Court News-An Important Question.
In the police court at Lahsina on Monday, he 13tht
inst, four South Sea Islanders we're before the po-
lice justice for desertion of service Of MIR. Turton.
Mr.. J. W. Kalua appeared for the defense, aud set
up that MI. Turton had no right to prosecute, as
these men were not in his employ. but were en-
ployed by the Board Of immigration. Attorney E.
Preston appeared as counsel for Mr.. Turton,
and seeing that the case was lame rs to the right Of
Mr.. Turton as master, to prosecute for desertion Of
service to him as master, requested the case dis
charged. Immediately, however, Mr.. Preston ap-
peared in a new suit against the four South Sea
Islanders, as Deputy Attorney General, and entered
a complaint against them for desertion of service
from the Board Of Immigration, whose agent Mr..
Turton was. The defense asked for and obtained An
adjournment until the 14th. The case came on at
that date, and was again adjourned until Monday.
the Goth INST, the object being to send for Mr.. Bing-
ham, and have him to explain and interpret for
them. The defense set up that these South Sea Is
landers were kidnapped. and did not understand
when they left their homes, that they we're TO work
and. in fact. did not know where they were going or
what they had to do ; that Captain Wallace seduced
them aboard the a Nettie Merrill. - and some { not
I'll y oBhS PnPNA hhNJ NN NV hhOW ~ RhhPOiN
of; that now they see they were enticed away as
slaves, and object to being such, and appeal to the
courts of the Kingdom for release from contracts
they did not understand The consequences Of this
suit were. that Mr.. Turton had to stop grinding. the
South Sea Islanders being the mill gang. who. on
the commencement of this suit deserted in a body.
J. w. Kalua is blamed. of course, for bringing the
suit, but he says that he knew nothing of it until
AfnnHau last that tho Hawa,fang hasa unrLaI
upon these South Sea Islanders to appeal to the
courts, and that he. as a lawyer. was asked to appear
for their defense. This is an important question,
and affects every employer of these people.
D. MAMAKI CASE.
The most important case before the court this term
was the case of D. Mamaki, Tax Collector for the
district Of Lahains, for the year 1879, charged with
embezzlement Of government moneys. There are
four indictments against him. and twenty more Of
the same kind can be brought, Que Of which. OF three
counts. was tried yesterday before Il native jury, who
brought in n verdict of . not guilty The prosecu-
ton called for Gov. Dominis, who testified that he
knew the prisoner that he was Collector tor 1878, and
knew his handwriting. Hon. Aholo testified that the
books of Mamaki were brought TO him by the pris-
oner, and the amount of cash handed over was the
same as stated on the last page OF the books that
ut uu uOt tAhlulu III UOOhS 10 see II any trhbuTeh
had been made, or if the footings were correct. The
books came in very late. and were Immediately sent
by him to Honolulu. to the Finance Office. F. H..
Hayselden testified that he was Assessor for the dis
trict of Lahaina, for 1880. and had in his possession
the collection book Of 1879, to guide him in his as
sessment of this year that he found the book on the
collection side full Of erasures, the footings all altered.
and the balances out by a considerable amount;
that, while assessing, he came across meu
who said they paid their taxes last year, but who
were entered by Mamaki, in bis own handwriting.
as not having paid, but who. on the contrary, were
dead, or had left the district. Three witnesses were
called for the prosecution, Aoni, (Pake), Kama and
Paia, all Of whom swore to having paid their taxes
into the hands of Mamaki and his deputy, and ex-
hibited their receipts for the same, signed by Mama
XII. The defense called no witnesses. not even the
prisoner, and the only plea Of the lawyer. j W.
Kalua, was, that the books, having been accepted by
the government, when sworn to, il was now too late
to make a complaint against the prisoner, that the
government should make his bondsmen pay. This
plea satisfied the jury, who were mostly personal
friends Of the prisoner, but it did not satisfy Justice
McCully. who told the jury that the plea was no plea
at all, and that they were not to consider it as such
that j. W. Kalua knew better when he made such a
plea, and that it was simply hilahila Ion (shameful)
to set up such a defense. The second indictment
against Mamaki will be brought up this Wednesday
morning. when the attorney will ask, and expects to
obtain, a change of venue, and the other indictments
will be tried in Honolulu at the next January term.
POLICE COURT OF M~AKAwAo,
A great deal of trouble ~ to be expected on account
of Judge Havekost, of Makawao. not having had his
as police justice last year. Four cases
of larceny brought before him on the 10th Of July
all pleaded guilty, and were sentenced by him to
Imprisonment and fine. While in Wailuku, on their
way to prison, they were induced by native lawyers
to appeal their cases, which they did, aud the trial
was held in Lahaina. on the 9th inst, before the Cir
cult Court, Judge McCuIly presiding, assisted by
Judge Fernandez. The defense was that Judge
having no commission, had no right to try
the cases and lass judgement. Deputy Attorney
General Preston saw the point, and entered a nOie
pros. The men have since been re-arrested and
tried before the Lahaina police judge, who let one Of
then of, aud convicted the other three, who have
since appealed their cases before the Circuit Court.
sitting. This is an important case. as il Affects
'Ome half-a-dozen persons. now in jail at Honolulu,
who we're sent there by the decisions Of the same
Judge Havekost. while serving as judge, without a
commission. As the case now stands these prisoners
,an be taken out of the " Hotel de Fyfe {" at any
on a writ of hGbeas corpus.
A great many Of the cases before the Circuit Court
1t this term were brought by the energetic Deputy
Sheriff Of MAkawao. Mr.. Walsh. who has gained
convictions in nearly ali his cases, most Of which
we're for selling spirits without license, furnishing to
natives, and b aying opium ia possession.
THE SUGAR INTEREST ON MAIL
hEfoE WafL.n, Wo.,L. - III
md Baldwin's mills are all grinding. The large
at SpreckelsVille is fast approaching completion.
This mill is expected to take of at least ,hirty tons
IN twenty-four hours. but two more mills Of like ca
pacity will be erected within the next ten months,
n order to take off the estimated yield Of 10, 900
ons of sugar from the 200 acres now planted
It Spreckelsville, Of which one thousand eighl
lundred acres are owned and planted by Mr..
5preckels, and nine hundred acres by outside
Mr.. McCoppin has gone to the coast to ar
-ange for the erection Of these two new mills. The
mill about to be completed will commences grinding
IN February, it is expected. and will take of a yield