Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-07-14
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SUPREME CORR JrEy TERN. 1881
Monday, July 9th. - Before a Hawaiian
Jury was tried the case Of the Crown versus
kikana, charged with polygamy, The pris-
unet pleaded not guilty and went to trial
After the evidence had all been put in, he
asked leave to change his plea, which was
allowed. Sentence passed At eight months i'm.
ptisonmcnt At hard labor and 5000 fine.
Same day, the Crown versus Kong Lam,
having opium in possession. This case was an
appeal from the Police Cont. The prisoner
expressed his desire to withdraw the appeal
and receive sentence. The sentence OF the
lower court was confirmed rs to the time OF
imprisonment tbeing three monthsl and the
penalty committed TO $50.
Same day (ihcrnuon) was tried the case Of
the Crown versus Joseph u. Kawainw and
Benjamin W. kawainui, indicted lor publish
ing a libel in their newspaper, the No Hawaii
Pacaina, against one John Richardson, deputy
sheriff Of Mailuku, Maui, in the month ii
March last past. The alleged libel charged
that the conduct NJ the deputy sheriff was in.
moral and inconsisien, with common dcccncy,
inasmuch as he had harhorel a courtegan, and
had himself associated with her upon terms Of
intimacy and had allowed his wife aud family
To do likewise. Ample proof oi the intimacy
alleged was brought forward, as was also the
case in regard to the immoral character of the
person harborcd. There were thirteen wit.
ncsscs brought forward upon the part of the
defense, and three in rchuttal. These were
The prosecuting witness himself, his wife, and
Mrs. kamaka Ahuna. On the part Of the
prosecution, the case was opened and closed
10y Mr.. John Russell, and the examination Of
witnesses conducted by Mr.. Edward Preston.
The defense was conducted entirely by Mt
Il..I. al. 4 1 Al.
charge of the chief Justice the jury retired, but
were absent only about fifteen minutes when
they returned with q unanimous verdict Of
acquittal.
Tuesday, July 10th. the case of the
Crown against Alatau +. Atkinson and Robert
Grieve, charged with having published in the
Hawaiian Gazette malicious, false and defam.
atory libel agains, Mr.. John Richardson
deputy sheriff OF Waikiki, nole prosequi
was entered and in the civil suit, based upon
the same charge of libel, disconinuance was
noted 10y plaintiff counsel, and judgment con
iesscd. No evidence was put in. MeSsrs.
Preston and Russell acted in, both cases for the
prosecution, and Mcssrs. W. O. Smith and l..
A. Thurston for the defense. Following is
copy Of the summons in the civil case referred:
In the Supreme Court OF the Hawaiian Islands.
July Term, isSJ.-hction for Libel
John Richardson Robert Grieve and Alatau
I. Atkinson
10 the Hon. A. +. Judd, Chief Justice OF the said
Supreme Court and Chancellor Of the Kingdom
The undersigned, John Richardson, Of Waiuku. in
the Island Of Maui, native Hawaiian, claims OF
Robert Giieve and Aatau L. Atkinson, OF Honolulu, in
the Island OF Oahu, foreigners, the sum Of five thou
sand dollars for injury done by the said defendants to
the character and feeling OF the plaintiff. For that
whereas, at the time OF the committing OF the grievances
hereinafter mentioned, the plaintiff was, and had been
for time and still is, deputy sheriff OF the district
Of Wailuku in the Island OF Maui, aforesaid. And on
the fourth day OF April 1888, the defendants, Homo
lulu, IN the Island OF Oahu, did print and publish, or
cause to be printed and published in certain newspa
per called the Hawaiian Gazette, published Homo.
lulu aforesaid of and concerning the plaintiff, in his
said Office the false, malicious, scandalous and deiama
tory WORDS and matter iollowing that is to say:
rIlE AEGEAN STABLES ON MAUI.
Editor Gazette: Exponent notices some articles in
the native paper No Hawaii Pae Alma Of last week,
which appcrtan to the many titled deputy sheriff of
Maui One OF the articles, evidently written by
friend, clear up the maliened public chaae
ter OF that much written about officer The other ar
the aforesaid in that he has taken his Preside frail
female, whose previous nomadc habits have acquired
for her reputation unenvable.
Ordinarily notice would he taken OF such event
hut when public officer as the sheriff. whose duty it Is
to just such offenders elects break the law it
Is question as TO whether his private character does
not become public property. II not miSinorned, the
writer believes there is law the effect, that no one
living immoral life hold office Of trust under
"A
license to practice law.
The friendly article reads somewhat thusly: "The
Deputy Sheriff OF Maui has been Honolulu to be ex
amined certain charges against him of mafeas-
anoe in office, in accepting brides from criminals on
cross examination, it seen that the charges as to
his accepting brides without foundation, but as
to his private life. On sitting the evidence laid be
fore the Marshal and Police Judge (Which one and
when y, it shown that the money said to have been
given him brides had been passed into the Golfers Of
the court Therefore, the condemned in the public
papers is found clean and has nothing be ashamed OF
as a government officer.
The writer OF the above was 80 extremely anxious to
defend his client that he overlooked the fact that police
justices hold court only places accessible the pub
lie, and yet find records OF any such trial Also
appears peculiar that the property given brides
should have got into the Golfers OF court, where fines
and costs only are put
Perhaps this would account for a remark OF the
torney general, viz. The amount received for fines
and costs from Wailuku, have than doubled
the appointment Of an auditor. general" 1t is quite a
reliel to have ones anxiety alayed in this
EXPONENT.
The defendants intending thereby TO nsnuaie and
impute the plaintiff that he guilty Of the oense
Of adultery, and that such officer he had received
money brides from person persons, screen
such person persons from punishment for oiienses
committed BY hun or them, and that IN consequence OF
such alleged adultery and accepting OF such brides, the
plaintiff unfit and unworthy hold his said office,
and should be dismissed thereirom.
All which the plaintiff alleges done in
tion Of his private rights under the laws. and to the
damage OF the plaintiff.
the oil TINS
court to cite the said defendants appear and answer
this his complaint before jury of the country, the
next July term OF this honorable court, unless sooner
disposed Of By judicial authority
Dated this nth day Of June. 1888.
tsigned) JonS RICHARDSON
Honolulu, Oahu, S.: And now comes John Richard
son, the plaintiff in the above ent,led cause, who being
duly sworn, deposes and says, that the several alega
lions contained in. he foregoing petition
Subscribed and sworn before me, this nth day Of
June a. ID. 1889. tSigned) HENRv SMITH,
Deputy clerk Of the supreme eour.
Wednesday, July IIth.-Mr. Clarence w.
Ashford, having presented to the court letters
Of denization from the king, and his credentials
having been previously examined and APP
proved by the court, was admitted to practice
in all the courts Of the kingdom.
Same day.--The case Of Anna Jacobs vs.
b. Campbell, damages claimed at $4,000, for
malicious arrest, was tried by mixed jury.
L, kaulukou for plaintiff, X. +. Bickerton
for defendant.
|. SAINT LOUIS COLLEGE.
The first annual examination Of Saint Louis