The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-01-14
THURSDAY, I2TH.

sci noted an exception to the verdict as contrary
to the law and the evidence.
THURSDAY, 18TH.
Rex W Fook Gee. Mr. W. o. Smith, for the
Crown, explained To the Court that in this case
the defendant had apr called and that the bail had
berr Perfected aud the hailee released before the
rO-f- 81 tie appeal had becn paid. TIE APPEAL
had nt been perfected and the case did not ap-
pear IN The calendar. lie believed everything
had been dpne in good iaith; but the only way
there APPEARED To- be To bring tire matter under
the nItIcc at the court was by causing EUDk
Gcc-r bund>mnn TO surrender him. Hi Honor
inquired 90: 4jT. BickcTtUn Who was present III
curt WLct-rT he WaS acquainted with tie incIs
81 the case. sud was informed thar the matter oc-
Cured during that gcntleIuans ABSENCE from
Honolulu. NJ. Russell. who WAS counsel iuS
Fopk Gee in the Police Court, informed HIS
Honor that he had prepared the bail bond and
when he left the court bad instructed the in
terpreteF that the costs were to be paid. HIS
Honor then informed Fook Gee. Through the IN
terpreter Akana) how the trouble had arisen and
that the amount of unpaid costs was "a 40.
Mr.. Dole then addressed the court as counsel
for Fook Gee. He said it appeared clear that the
matter Of non payment of costs was entirely ac-
cidental, and through misunderstanding the de-
fcHdant naturally thinking that he would not
have been let go at libertv If the appeal had not
been all right. The difficulty had arisen through
the carelessness Of the officials. The question
sLich presented itself to his mind. was whether
the ;erm Of two months imprisonment bad not OBJ
expired. and only the fine renamed to
be paid. lie had been in virtual c~ustody-such
as he could recover damages for in a case of false
Imprisonment. 1t was for the officials, when the
ten day s had elapsed, to see that he was in
gaol.
Mr.. Smith conteuded that no right OF appeal
IL there was any blame to the Off
ciuls. it was for admitting defendant to bail be-
the costs were paid. By his own act he
Dnr himself ntr nf rho hands nF tho unl1ca
aud he was now bound to go and work cut HE
The officers had been misled by his
His Honor said Il at there was still another
view to be taken Of the case. Defendants right to
iis appeal had been recognized in a part and failed
in a past. He has enjoyed that part of the APP
which cnnsists in his personal freedom, and
las enjoyed it by authority of the law. The
differed from an ordinary one in which there
Tas a failure to perfect the appeal and should.
nc thought, he treated differently.
MIR. Smith urged that the Police Magistrate
,ouId not now legally send up this appeal.
Mr.. Dole said he saw no other way out of the
than that be had already suggested.
After some further remarks His Honor ordered
hat the appeal be allowed to be perfected on
ayment of COSTS and added that he thought
ounsel having charge of a case for persons ig-
Iorant of our language and customs should see
Kings properly completed.
Is BANco.
LENA VS. Pahau ct al Defendants exceptions to
he verdict in this case, and to His Honor's rul-
~ on the nOn-suIt point (see above, Jan. 9TH
argued and Judgment on them deferred.
Magnin VS. Furgie. Argument was heard on
he demurrer in this case. judgment deferred.
FOOk Gee vs. All Lo et al. Exceptions had been
led by both sides In this case. Mr.. Hartwell
rgued defendants exceptions and Mr.. Dole re-
lied. Judgment deferred. MIR. Dole withdrew =
exceptions.
Briggs IS Mills. Exceptions against the de-
lurrer of th Chief Justice on a motion for a =
CIV trial y long argument occurred as to the
visibility of certain afidavits which Mr.. Brck- =
-tOn desired to put in. Judgment deferred.
The scales used for weighing in the Assay Of 4
,e at New York are so delicate that, when
to a balance with two pieces of paper
equal size in the pans, the mere writing of n
l e with a lead pencil on one Of the pieces of
lper will add enough weight to the paper TO
I'm the scales in its favor. o.