The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-10-22
SUPREME COURT.
MoNpAr. OcropEr 3. 1881.
Before Mr.. Justice JUDD and Mr.. Justice
MCCTTIy.

Before Mr.. Justice JUMP and Mr.. Justice
MCCULLY.
At the opening Of the Court. Mr.. Preston in
troduced Mr.. Austin Whiting 20 the Court as Il
member of the Hawaiian Bar.
Mr.. Justice JUDD informed the Bar that, in
consequence Of the death of President Garfield,
he should hold the Court ready to adjourn upon
receiving intimation that eNer-
cises would be held. and would then be ready to
hear any remarks the members of the Bar might
desire 10 make.
Before Mr.. Justice JUDD.
The King vs. Keala forgery. The prisoner
pleaded guilty to the forgery OF an order for S25,
and was sentenced 10 imprisonment with hard
labor for six months, and a fine Of S25.
The King vs. heone Puleole (k) forgery.
This was the case in which an endorsement to q
draft in favor OF j. q. Kipp by c.. y. Spencer
for S460 was forged, and an attempt made TO
collect the money from W. G.. Irwin 4 Co. The
prisoner pleaded not guilty, and was defended
consultation, the jury brought in a verdict Of
guilty of uttering only, and the Court sentenced
the defendant to one years imprisonment with
hard labor, and a fine of $500.
The King vs. Kela larceny of $2T. Mr.. Kau-
lukou defended the prisoner and, after a short
retirement, the jury acquitted The prisoner, three
jurors dissenting.
TUESDAY. 4th-Before Mr.. Justice JUDD.
The King vs. kawika larceny of a poi heater.
Plea not guilty. Mr.. Cecil Brown for the de-
fence. This wgs an appeal from a decision by
Judge Bickerton. The jury retired shortly after
noon, and, being unable to agree as to their
verdict. were discharged at the rising of the
Court.
The King vs. E. Mikalemi forgery. The
prisoner pleaded not guilty. The forged docu-
ment was an order on J. S Lemon to deliver TO
the bearer a bottle of gin, and purported to be
signed by Charles Broglie. Mr.. kaulukou moved
that the jury be instructed to aequit the prisoner,
on the ground that neither Mr.. Broglie nor Mr..
Lemon were prejudiced by the act, the order
being accompanied by the money. After hearing
Mr.. Preston in reply, the Court ruled that the
order was a paper calculated to imperil Mr..
Lemons license, and that therefore the forgery
was within the statute. The prisoner made a
statement as a witness in his own defence, in
which he contradicted his own story given Mt the
time the charge was preferred against HIM, but
which, nevertheless, appears to have impressed
the minds of the native Jury, who brought in n
verdict of not guilty.
WEDNESDAY, 5th-Before Mr.. Justice JUDI.
The King VS. Kawika larceny of a poi heater.
This was the second case of the same character
against Kawika. A verdict of guilty was rem
dered, two jurors dissenting, and the prisoner
was sentenced to six months penal servitude,
and costs S24. 80.
The King V Kawika ; larceny of n poi heater.
the property of Kahanu. In this case the jury
had disagreed on the previous day, and Mr..
Preston now entered n nOile prOssqui.
The King VS. j. Mahiai Kaneakua forgery.
This case was similar to that against L. Mika-
@NDAAH - '>ANNN Us buy '"' ohAN " WV
prosecution, three jurors dissenting. Mr.. Cecil
Brown, counsel for the defence, excepted to the
following passage on his Honor's charge To the
jury THAT it is forgery under the statute, the
intent being to deceive and prejudice James s.
Lemon in some right, that right being the liza
bility of a prosecution for furnishing liquor to
a native Hawaiian upon n forged order"
THURSDAY, 9th.
At the opening of the Court, n fair muster
of members of the Bar being present, Mr.. A. $.
Hartwell referred to the statement made by His
Honor on Monday, that the Court would be pre-
pared to adjourn in the event of a day being
to exercises i'll memory of the late Pre-
sident Garfield. In moving the Court to adjourn,
he expressed his conviction that all that had
been said and done in regard to the assassination
of President Garfield, was very far from being
only personal sympathy. 1t was he thought due
to the fact that the Head and Representative of
all law and order in the United States had been
attacked. The deep Anglo-SaxOn love for law
had been touched to the core. General Garfield
was a truly representative American, uniting the
leading traits which Americans love. He es-
pecially delighted his countrymen because he
had retained, to the end, his love Of the simple
life which is common to the mass of the people.
W. c. Jones followed with some remarks
of General Garfield. From his early
days to the closing scenes of his life he always
gave evidence of high and honorable character
and of the highest attributes which constitute n
man. The assaSsin's blow in his case was
a blow stricken at the tree of liberty itself. His
Honor, MIR. JuStlce JUDD, expressed the horror
caused in every mind by the deed which had
caused a great nation to mourn the loss of its
head. 1t was far beyond the wisdom of man to
the design of such an event, but they
might read some of its lessons in the worldwide
tenderness which had been awakened. The
Ministry of Suffering-hOw eloquently it spoke
to the human heart His Honor noticed the
coincidence that the last occasion when they had
been similarly called together was caused by an
event which occurred on the very day Of the
assault on General Garfield. 1t would always be
4 cherished memory that he had once felt the
of the late Presidents strong hand and
heard his manly voice. The Court was then adj
until the following day.
FRIDAY, 7th.
Mahinaeleele and Hau VS. Hinawale OK
ajectment. Mr.. J. L. KaulukOu appeared for
the plaintiff. After the plaintiff s witnesses
had been examined, Mr.. Dole, for the defendant,
moved for n non-suit on the ground that the
and had been out of possession of plaintiffs for
more than thirty years. He claimed that the
already heard showed that there had
been possession within twenty years. His
Honor refused the non-suit. Evidence for the
defense was then called and the jury after u
minutes retirement brought in n verdict for
the plaintiff, damages 81. Mr.. Dole excepted
TO the verdict, as against the law and the
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