The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-04-22

were within the statute. Mr.. Kaulukou again
asked that the default be taken off in which case
he would file a general denial. Further hearing
was adjourned to 18th inst.
Tuesday, 1lth.
Minister Of the Interior -. Waihee Sugar
Company. Mr.. Preston, rs counsel for the
Government, obtained leave 10 amend the de-
scriPtIOn u the land. Mr.. Hatch appeared for
the Company, aud Mr.. Dole for the Trustees Of
tbs LuuallO estate. who are interested. After
the evidence for the plaintiff had been taken.
Mr. moved for a nOn-suit, on the ground
FIRST, that G. kanaina had not been shown to
have been the guardian 81 Lunalilo Second,
that the Government had shown no conveyance
from Lunalilo % the Government, and until the
agreement was carried out the Government had
no title % the land Third, that the Government
were bound by their claim and title, and could
not show that they had any other title than the
one set forth in their petition, and that it had
been shown that the mete5 and bounds are in
correct a. set forth. The Court decided that it
was not necessary in this case to show a convey
ance 20 the Government, and refused the non
suit. Evidence for the defense was then taken.
After a short retirement, the jury brought IN a
verdict for the plaintiff, except for the land Of
Kunanahawela. with damages assessed at one
dollar. Ir. Hatch excepted TO His HOnOr's
directions to jury and to the verdict.
Wednesday, 18th.
Rex vs.. a. b. Rowe; selling spirituous liquors
without a license. Mr.. J. Russell appeared for
the defendant. The evidence in this case was
10 the effect that Rowe had not only sold spirit
nous liquors, but had been engaged in their
manufacture. As the case attracted a good deal
of attention, and the verdict given has been the
subject Of much we give an abstract
Of the evidence.
KiIo, K, swore that he had purchased a demi-
John Of GIN from accused, for which he paid 81
The liquor he drank made him sick and he threw
the rest away. He had been a fellow-wOrkman
with Rowe as a smith. Maria, w, dePosed to
having bought liquor from Rowe. They had
both drank of the liquor at Rowe's shop. She
had, through drinking the liquor had from
Rowe, got drunk and fought with her husband.
Kameen swOre to having seen Maria pay money
to Rowe for gin, which he was to get for her.
KeaweOpulu, k, swOre to having purchased
liquor from Rowe several times. He said that
Rowe and SquiTes promised to pay him if he
would be a witness in the case. Jim Crow de-
posed to having bought a bottle of brandy from
Rowe for 81 so; and Joe Brown deposed that
he had bought a liquor that looked like brandy
from Rowe, for which he paid 81. Thos. H
Morton. blacksmith, Manunakea street. depOsed
that Rowe worked for him, but left his employ
about the date this charge was heard in the
Police Court. He saw the old native KilO give
Rowe money for liquor; it was to be whisky.
Rowe made a colOred liquor at his forge. Rowe
told witness that he made $3.50 a 1 month by sell
ing liquor. He had seen him sell liquor to
Maria. This witness was cross-eXamlned at
some length, with IA view of eliciting evidence
of ill-will on his part towards Rowe, which he
denied.
For the defense Mr.. Russell called a number
Of witnesses. Manuhi, W., gave evidence as to
some of the native witnesses for the Crown dis
cussing the case among themselves. l.. Il. Han
son lived at the American House with Rowe,
and thought he could not carry on an illicit
liquor trade without his acknowledges suspect
ing him. He deposed to an apparent animus
displayed by Morton against Rowe in connection
with this case. John Johnson depOsed to Nor
ton remarking that they had got Rowe now, and
If he got of they would have him mp again
at once on another charge. Johnson lived at
the American House, and never saw any reason
to suspect Rowe Of selling liquor. C.. C.. Cole
man gave Rowe n good character. Il. Y. Squires,
the proprietor of the place where Rowe lodged,
gave evidence similar to that of l.. Johnson. He
also said that he had lately sent another man,
named Kaiser, away from the house because his
boarders complained that he had sold liquor to
others. Ashford Spencer knew Morton and
Rowe. They had been IN partnership, and from
what occurred as TO a bill OF his own, he kenw
that they had had differences. Rowe was then
heard in his own defense. He denied the
charge, and claimed that he would not have
been likely to tell Morton of it if he really had
been guilty. He was a blacksmith, and did not
make his living by whisky-selling His counsel
put to him the question: Have you ever sold
liquor during the year past to any one - Rowe
paused, and then said THAT is to be proved,
is it not ?" He denied having sold liquor to
Maria and others, but he had called Maria a
prostitute. Maria had paid to him a dollar what
she owed Kaiser. Squires, recalled, said that
Kaiser came back from Maui December 18th and
left for the Coast about the 11th of January.
His Honor, in charging the jury, referring to the
character Of the witnesses brought forward by
the prosecution, remarked that they could not
expect il to be otherwise in cases of this sort.
The jury, after celebrating for about half an
hour, brought in a verdict of not guilty.
ITO be eoAtinusd.)