Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-01-14
Supreme Court.


Saturday, January 9Th.
The January Term of the Supreme Court was
opened with the case of the King VS.. Gibson.
indicted for libel. This was an argument before
the presiding Judge McCully on demurrer intro
duced by the defendants counsel upon the INSULT
cheney of the Indictment The defendants coun.
sci argued that there should be specific averment
of malicious publication and like declaration as
to the fasity of the matter published
Counsel for the prosecution held that a specific
declaration was not necessary and that it was
sufficient that malice should be inferred from the
fact of an untruthful published statement. Coun-
sci asked time to file Il brief of authorities, and
the 18th was set as the limit of the time to be
allowed. A. 5. Hartwell appeared for the Crown
ana r.. Preston assisted by j. Russell for the
defense. No Judgement has yet been given in the
matter.
On the same day sentence of months imprison-
ment was passed upon the man Davis second
mate of the steamer AJjer Head convicted of man
slaughter in the third degree. A very feeling
address was made by Justice McCully to the man
preliminary TO uttering sentence. He said that he
had before him the written recommendation of
the jury to mercy but that had in no wise nfiu-
enced him i'll his disposition to be mercfu, as all
the facts connected with the unfortunate occur
renee had conspired to arouse his intense sym.
pathy. his being husband and n father, and
MS beng stranger III the land, were considera-
tons to arouse sympathy to these were added
credible testimonials as to his previous correct life
SpDN'
on ship-board, and i'll his own home. But that as
the custom had been here to deal severely with
cases of this kind, he could allow himself to be
influenced by his natural feelings no further than
he had been III imposing SO light sentence A
line for mansaughter AS far he could call to
mind had in no case been imposed in lieu of i'm
prisonment.
Sentence was also passed upon Frank Davis, a
half caste, convicted of assault with deadly
weapon upon A. Fernandez in Honolulu-G months
hard labor and $50 fine and costs.
he cd in hon ir 4,
native appeal case from the decision of Justice
McCully in the intermediary Court, the case of
Mahoe vs.. Puka ct al in regard to some affairs of
the Waikane Hui.
Tuesday 10th, was begun by an eiectment suit
kamoku W., vs. Kaupe, W. Case was withdrawn
by the plaintiffs counsel. W. r. CASTLE for com
plainant, A. S. Hartwell for defendant.
On the same day heard another case of
ejectment. Kalaeokekoi VS.. d. Kahanu. Holo-
kahik assisted by four other counsel, were for the
plaintiff, and j. NJ. Davidson for plaintiff This
suit was brought to eject Kahanu fIom his posses
sion of piece of land in Kamakela decided to him
by the heir land her husband) of Kalakini.
sary first, for the plaintiff to prove that he was
the rightful heir of the mother of tha awardee,
and also to prove that adverse possession of the
land had not been held for a full twenty wears by
the de endant Failing in p'oof of either partlcu-
lar, Judgment should be for the defendant. The
defense brought evidence of possession through
Kalakini down, for By years. Verdict for the
defendant three dissentient. Counsel for plaintiff
noted exceptions to the verdict
Friday 9Th. The case of LENA, k, vs.. Mary
Pahau ct al ejectment heard before native
jury A. S: Hartwell appearing for the plaintiff
and j. Nj. Davidson for the defendants, Justice
McCully presiding. Liena claimed by right of
inheritance, half of some property on Printer 5
Lane in possession of Mary Pahau and children.
When the evidence for the prosecution had been
closed and the plaintiffs counsel had rested, Mr..
Davidson for the defense asked for non-suit on
the ground that the opposing counsel had failed
to prove possession by defendant Mr. Hartwell,
for the plaintiff, said he had proved service of a
written demand and n refusal thereof; and that a
demand and refusal was equivalent to an admis-
sion of possession in the case The motion for a
non-suit was overruled and the case was con-
tnued. verdict for the plaintiff WAS rendered.
Exceptions were taken to the ruling of Justice
McCnlly by the defendants counsel Mr.. j. M
Davidson.
Divorces have been decreed in the following
| cases: Kahu, W.. Va. Amau, c. Hookahiki for
libellant. Hoopii, W., VS.. Keawekolohe Nepoa
k, vs.. Makuahine. Holokahiki for libelant Robt
Oehlhoffen VS.. Caroline Oehlhoffen. j. NJ. David.
son for libellant.
In the case of the King vs.. All Young and Asam
house-breaking a not pros. was entered. A. s.
Hartwell for defendant
Yesterday, in the case of the King vs.. Fook Chez
on charge of opium in possession the jury, aftel
an absence of few minutes, returned with a una.
nimous verdict of not guilty.
j. ID. Citizens on Friday afternoon appeared
before Justice MeCully and through his counse
sentence for assault with a weapon dangerous to
| life" on MIR. McChesney, asked that the Court
consider the expressed forgiveness Of Mr.. Nc
| Chesney in behalf of the prisoner. The sentence
| has been deferred.
Regarding the Reciprocity Treaty
| The & II Nsrs Jsfts,. N. Dee 10Th in an artic