The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1880-10-23
Supreme Court of the Hawaiian Islands,
October Term, 1880.

supreme OOuTC OF lie adWd11du 4c4d0UeJ
October Term. 1880.
The term commenced on Monday, the 4th day
OF October, AID. 1880. Mr.. Justice JUDD presiding.
The Court opened at 10 am. Upon the opening
of the Court, the following appointments was
ordered to be read -
Know all men by these presents that 7, John
Smith Walker, Attorney General of the Hawaiian
Kingdom, by virtue and in exercise of every power
me thereunto enabling. do hereby nominate. con-
stitute. and appoint Edward Preston to be my
Deputy for me, and in my name to present and
prosecute all indictments and proceedings in behalf
of His Majesty at this present October term of the
Supreme Court, and for me and in my name to act.
do, and perform all other duties appertaining to
the Office of Attorney General of the Kingdom,
which he may lawfully do or perform during the
term aforesaid.
Dated this fourth day of October. 1880.
(Signed) j. s. WALKER,
ACKNOWLEDGEMENTS Gd interim"
~ CRIMINAL CAs~Es-HAwAuAN JURY.
The King VS.. Alexander George and Kamoku.-
Burglary Prisoners a~rraigned upon the indict-
mrnt s~everally pleaded not guilty. The jury re-
turned a verdict OF guilty. three dissenting. Sem
tence of Alexander George, two years imprison-
ment-to cOmmence from termination Of bis present
sentence Kamoku, sentenced to one years i'm
prisoument, without costs. j. L.. Hauiukou. for
prisoners.
The King VS.. Ikaeia alias Pohaku.-Housrbreak.
ing Prisoner a~rraigned upon the indictment, and
pleads thereto that he is not guilty. The jury
returned a verdict OF guilty, two dissenting. Sen
fenced to imprisonment at hard labor for two
years, without costs. J. L. Kaulukou, for the
prisoner. Isl.
The King VS.. Kamanu.-Larceny Prisoner
arraigned upon the Indictment, and pleaded not
guilty. aud remanded for trial. j. N. Davidson,
for defendant. ..#.
The King VS.. Haleakaia. Larceny Nolle
prosrqui entered on account of the extreme youth
of the defendant.
Louisa G. c.. Brickwood ct al VS.. Uu.-Demurrer
argued. BickertUn, for plaintiff Castle and
Hatch, for defendant.
CRIMINAL CASES-HAwAIIAN JURY.
OCTOBER S.
The King VS.. acknowledgement and uttering {:
Prisoner a%rraigned upon the indictment, pleaded
not guilty. Verdict, not guilty. three dissenting.
The prisoner was ordered to appear upon his bond
the following day upon a charge of larceny. J. NJ.
Davidson, for defendant.
OCTOBER 6.
The King VS.. kamaunu.-Larceny of an order
for money. Mr.. Preston moved for a continuance
of this case until next term, III order that inquiry
may be made in regard to one Kaainoni. the person
alleged to have passed the order to him. The
Court granted the motion. as it might result in the
withdrawal of the prosecution OF this prisoner. J.
NJ. Davidson. for defendant.
CIVIL CASES.
w. B. Keanu VS.. ]. B. Acknowledgement.
Bickerton aud Dole, for plaintiff E. Preston. for
defendant. The jury returned a verdict for the
plaintiff damages. $50.
Kapo ct al VS.. Kalulukahi ct al.-Eectment.
Jones and Monsarrat, for plaintiffs S. W. Maize
Iona. for defendants. The jury returned u verdict
for the plaintiffs, none dissenting.
OCTOBER z.
+ NJ. Harvey and others VS.. G. X. Peni.-Demurrer
argued. and overruled.
Kuuaka (k) VS.. Ainiu and Manini.- Ejectment.
J. NJ. Davidson. for plaintiff E. Preston, for de-
PENDANT. Tried, and the plaintiff having rested.
the defendants moved IL non-suit on the grounds
first, that there was no evidence to sustain the life
estate alleged in the declaration ; and secondly,
that there is no evidence that Akiona is still alive.
a fact which it was incumbent upon the plaintiG to
prove. Mr.. Davidson cuntrndrd that h- had shown
that .Akiona was alive on oath April 1879. and the
presumption was lhat he was alive now until it be
shown by the defendant that he is dead. The
Joy 49,
waiian). uuder Instructions. rendered a verdict for
the plaintiff. and $25 damages.
Kalakai (k) VS.. Keone Kane.-Appeal from Mr..
Justice McCully, sitting as Intermediary Judge.
Appeal tried, and the Court said its opinion was,
that the plaintiff had not made out any case to
entitle him to recover, and, under the instructions
from the Court. the jury, without retiring, found q
verdict for the defendant. Exceptions noted to
the verdict as contrary to the law and the evil
dence. Castle and Hatch. for the plaintiffs A. S.
nartwell, tor the defendant.
OCTOBER 8.
Kaaimalani ct al vs.. Kamaile (w).-Ejectment.
S. B. Dole, for the plaintiff ; a. s. Hartwell. for
the defendant. Jury waived. The Court heard
the evidence, and the arguments Of counsel, and
rendered Judgment for The plaintiff for one quarter
of the land claimed.
Before the Full Court, by consent.
Joe Burrows VS.. Paaluhi.-Appea from the
decision of Mr.. Justice McCuIly. sitting as Inter
mediary Judge. Appeal argued. and submitted.
R. F. Bickerton, for the plaintiff Castle and
Hatch. for defandants. }-
OCTOBER 9.
Before Mr.. Justice JUDD.
DIvoKCEs.-The Court granted DEGREES in the
following cases :-Komaia (k) VS.. Keawe, deser-
ton S. Kanealoha VS.. R. uni (w). desertion
Waiiiolua Ky VS., Kailihao, desertion ; Mala vs..
Kailua. leprosy.
OCTOBER IL.
Before the Full Court, in Banco.
Kalela ct al VS.. James Lemon.-Ou exceptions
to the verdict of the jury. Exceptions argued. and
submitted. f
James Love VS.. D. X. Fyfe ct al-Exceptions to
tho vardict of tho iurv ArUuad and anhnaiftad |