The Hawaiian gazette., 1882-01-11
Sarrcme Court Of the Hawaiian Ilands
January Term. 1889.
SA-uED,s. January Tsh, lssa.
Krx u N. crrzs.,x.

cAENkoAf. S1noSrN tn Acc-.
kxx rs. W, n. GIBSON.
On the opening Of the Ccag,. His Honor l.
NcC'1lly p-rsidiaS, the frs; case areccd Was that
Of Rex. ~ W. NJ. Gibson. charged with hbel- Z
Preston. EsQ.. Attorney for the defendant, offered
his arguments on the demurrer previously intro
d1cei. and succaitted the fullouiuy points in
support The lesrlsed counsel Sr>i quoted from
Chirty on Pleading, VOL l.. p sgA sayincs There
SHOULD be an zverlnent that the defendant mAlici-
rasly p1hlished the matter etc, also from the
same authority, Vol IL, p. $40. that the libel or
uorss must N fai~s. aud the declaration always
charges their fslsity. but rrehShly the words
vrunrfnlly OF mNiciously would he sn;hcicnt, ETC.
Mr. fr~tSa stated that the lsrints ercaght forth
ws-e aprlieable and intended for Civil ca~es, and
arcued that IS rnle Of accepted law should I've
still sfrnnger in Criminal CASES. Grsrnleaf Vol
ILL.,, p. les; Wharton. Vol. H.. +. syS'; Archt~,d
Vol. l. y ~. and reverted to The Hawaiian Pend
Code. Chap =. Sec. < y -
A. 5, hSrswelL. Esd. counsel for the rrcsecu-
tson. cfercd in opposition n the arguments adj
ySacei by defendants counsel quotations from
authorities bearing m the libel, and desired the
l,tellccs ~ -. The counsel stated that he did
not outsider p7cof Of malice was required. hut
deemed iap publication and circulation Of an I'M
truthful article was in itsrt malicious. Mr.. Hart
urll rr,ansStri thu Coars fcr time fle brief.
and His Honor the date Il Wednesday, the llth
inst. for the presentation ct the document.
DAVIS, the ex-osicez @; the STEAMER xs,.r Eeis.
f0und cuil;y ci mSnslaughtcr in the thlrst decreS
WIS hgcucLi Up fur scnsSuoe and received a
ieuslsy Eine mouths Imprisonment and the pay
Easni % oosts Of Ccurt.
MoSD,I, January oh. ISsS.
NNHus " rvxA NJ Al
The entire day taker up in the trial Of m
SpF~al CASE. from decision of Judce NcCuliy sit-
ting a. Intermediary Judy. and rrSariing the
application slNde hy ore Mahce. as President of
the waikSne Hui newly elected 60 The p>sitlcn, To
recover the hooks and Other prcpeF;y held by PGka
and the old ohice-s of the Assertion R. f..
RckeEtcn, ESQ, Npp~Sred for the plaintiff. and ).
T. Dole and l. Hciokahiki. ESqS. sug the defend
ant. After the arguments by counsel had hern
presented. BIS Homer ohSrsed The Jury, stating
that If Mahcc hS6 been properly elected. then he
eai,tle1 to all be required. and that the trst-
usony be adyarood proved that thnt the property
was owned in cnfnuiun. he instructed the jury
their agents At Will and sRFsint v;he-s Mr.. Dole.
counsel for the defenlShi excepted 10 certain Tul-
ms OF the Coari which vese noted, and the jury
rviirrd 10 theft rrom At 4;l5 r.N, reiurniag at 40
with Nn unanimous verdict to- plaintiff.
TUESDAY, JANUARY l0-H.
The frsi CASE caIle,i ihiS DAY US one Of eiect-
rnsnt. kamoku twl plaintiff and kNupe lw' de-
feldSat- ". L. Castle. ESQ. spPcared for the
plsia;if, 4. : HArtu-llE O.. appearing fcs defend
AMI. The courssl for p aiutif, after placing one
witness on the stand discontinued the case, the
ieS;iTsnny elicitei not being Of character to var
rant further proceedings
TIE next case ws also one Of ejecs nent. plaintiff
Kslesakehoi. defendant D. KshAnu- MessrS. J.
RrSsel and J. L. Eaulukou tcr plaintiff. Mr.. ]. N.
davidson foT defendant. Ibis esse as We 50 To
pres i stiil IN trisl.