The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-04-23
SUPREME COURT.
BEFORE Mr.. JUSTICE MCCULLY.
Monday, April llth, 1881.

BEFORE Mr.. JUSTICE MCCULLY.
Monday, April llth, 1881.
E. Hofschleager & Co., VS. Han Same, Ayou
et al. AssumpsIt on promissory notes, Decision
given sustaining defendants demurrer. The plain
tiff to be allowed to amend on paying costs o
demurrer. Mr.. Davidson excepted to cine ruling
The King VS. Kaapuluo. Assault with danger
Gus weapons. Pleaded guilty and was sentenced
to three days imprisonment with hard labor anC
to pay 1926 costs. The circumstances of TIM
case were given in last weeks issue of the p. &
ADVERTISER.
II. A. P. Carter, Minister of the Interior Vi
W. {. Parke, Administrator Of the estate Of
Charles Kanaina, deceased. sumps The
parties waived the jury. Mr.. Preston fo1
the Government admitted that defendant held
under Il bona fde title, and after evidence had
been taken, expressed his clients willingness to
take Judgment for $3.50. The Court gave
judgment for $3.50 only. Mr.. Hartwell appeared
for the defendant.
Emmeline a. NJ. Giles VS. Henry Giles. Libel
for divorce. Mr.. Hartwell, libellant's counsel, put
in an affidavit showing that notice had been pro-
perly given according to the statute, the respon-
dent being absent from the Kingdom. Judgment
was reserved.
BEFORE THE FULL CoUET.
Tuesday, April 10Th.
Kaalaia Mill Co. VS. Mrs. G. Stewart Ell al. APP
peal from the Board of Water Commissioners
Messrs. j. NJ. Davidson, c.. Brown j. L. Kaulu-
kou for the plaintiffs appellants. Messrs. Castle
d Hatch for the Stewards, Mr.. Preston for MIR.
and Mrs. Lloyd and Mr.. a. Hartwell for Conchee.
Mr.. Davidson claimed that appellant had a right
to all the water on the stream after reasonable
use by other parties. Mr.. Hatch pointed out
that the claim actually put in was for one half the
water In the stream. Leave was asked to amend
but the Court was of opinion that this could not
be granted at that stage of the proceedings. After
lengthy argument by counsel and the production
of some fresh evidence the Court decided that the
dam could not be destroyed and the appeal must
be dismissed.
Ill. A. p. Carter, Minister of Interior VS. L.. W.
Makelona. Action Of covenant, lin default) This
was a claim for arrears of rent and was disputed
by defendant who was willing to consent to judy
ment for $lO34 only, producing receipts for the
rest. Judgment accordingly.
j.. S. Walker, Minister of Finance VS. D..
MAmaki and E. Jones. Action on bond. This
case was partly heard and adjourned to the 18th
INST, when judgment vas given for the plaintiff
for $S4O.25 and costs.
BEFORE THE FULL COURT.
Wednesday, April 18th.
The King VS. Leong Lung and Leong Shea How.
Murder. This was the Pauoa Valley murder
ease. The evidence against Leong Lung did not
materially differ from that given at the inquest.
With regard to the other prisoners the positive
statement made at the inquest by the Chlnaman
who first ran to the assistance of the murdered
man that LeOng Shea How held him back was
not adhered to. The two men ran against one an
other and the witness referred to was thus thrown
down, but the testimony showed that so FAR from
abetting the murderer, he was running away in
sheer fright. i verdict Of wilful murder was
brought in against Leong Lung, and Leong Shea
How was acquitted. Mr.. W. c.. Jones counsel
for the prisoners, excepted to the verdict against
Leong Lung as against law and evidence.
BEFORE Mr.. JUSTICE McCULLY.
Thursday, April 18th.
Wahilani VS. Kepohone. Eiectment. At the
request of Mr.. Davidson, plaintiff counsel, a non
suit was granted him "a necessary deed not having
been discovered.
E.. Ii. NaOho VS. f. A. Schaefer, administrator
OF the estate of Charles Long, deceased. Assump-
sit. Mr.. j. NJ. Davidson for the plaintiff, Mr..
Preston and Mr.. HartweIl for defendant. This
was a claim on account of services rendered ex-
tending over a period of years. A verdict for
$500 was brought in, to which Mr.. Preston ex-
cepted.
BEFORE THE FULL COURT.
Monday, APRIL 18th.
The prisoner Leong Lung convicted of the
murder was brought up for sentence. To the en-
quiry whether he had anything to say on his own
behalf, he replied . nothing and to the further
enquiry whether he bad anything to urge why
sentence should not be passed upon him, he an
swered - no." His Honor the Chief Justice then
IN impressive terms passed sentence of death npon
him, naming the first day of July as the day on
which he should be hanged.
BEFORE Mr.. JUSTICE McCULLY.
Wednesday, April Goth.
ii. j. Agnew VS. A. McWayne. Assumpsit.
This was an action to recover $500, deposited
with defendant as stakeholder in a racing bet.
Mr.. E. Preston appeared for the plaintiff and Mr..
w. q. Jones for defendent. A verdict for the
the defendant was returned.
BEFORE THE FULL COURT.
Friday, April 22d.
The King vs. Manu-. Mr.. Justice Judd read the
decision of the Court on the appeal in this case.
Their HonOrs were Of the opinion that turkeys
running wild on the hills were not properly
speaking - wild animals as that term is under
stood by the law. As thus used the word - wild"
means - not usually dOmesticated." But they
were OF opinion that the prosecutor could not
make, in regard to these birds. such a proof of
ownership as would render the defendant open to
charge oflarceny. The appeal was therefore sus-
tanned and the prisoner discharged.
FL. A. P. Carter, President Board of Health VS.
Ii. Hackfeld & Co.. Ell al. The Chief Justice
gave the Courts judgment in this case which was
an action on the bond given by the defendants
at the time the steamer Septima was allowed to
leave the port. The dispute was as to what items
Of the expenses incurred by Government the
captain and owners of the ship were liable for.
The decision of the Court was in favor of the
Government, the principal point decided being
that the cost of maintaining a sufficient guard to
render the quarantine efficient was a proper
charge against the vessel.
The King VS.. Jas. Thomas. Unnatural offence.
this case was heard with closed doors and result
ted in a unanimous verdict of acquittal.
SMALLPOX.
The following is the list of smallpox
patients whose cases have been reported
since the 18th inst:
April how. KabaIaLu b.