The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-03-10
THrRsDAY.. MARCH Sth. 1883.

THURSDAY. MARCH Sth, 1888.
On opening of the Court, His Honor delivered
the following judgment in the case of Rex VS..
Robert Grieve, who was charged as ii - common
nuisance.
/ have carefully considered the special defence
made Ly defendant, that he should be acquitted
Notwithstanding the contents of the alleged
obscene ocument for the reason that he had,
and has not now, any knowledge of its contents,
and that he is ignorant of the Hawaiian Ian
guage, and that his foreman and type settlers
did not inform him of there being anything OBJ
scene or Objectionable in said document, and that
he merely allowed his employees to print n paper
in the Hawaiian language at therequest of an en-
ployee of the Hawaiian Government" l have
examined the authorities cited by defendants
couISel and other authorities on libel cases, and
l cannot find that these authorities on libel
cases apply to a case of this nature. In those
cases, it has been held that if defendant had
no knowledge that the article published was
libellous, also that if he had no knowledge of
what the party intended. he had done no
wrong. l do not think a case of this nature
can be controlled by these authorities.
The defendant is proprietor Tor one of the pro-
p~rietors) of n printing Office, and personally
manages it. / think it would be a dangerous
thing for Courts to hold that such person should
not be held responsible for all matter that
passes through his printing presses, or that
ignorance of the language in which 1t is written
should exonerate him. | feel it is my duty to
hold that 1t was and is the duty of defendant to
make himself fully acquainted with the nature
of the contents of all matter to be printed in his
Office, in whatsoever language it may be written.
If this were not SO, the responsibility might be
shifted from one to another, and this plea of
ignorance made in each case, and no one held
responsible. TIL responsibility must rest some
where. and in this case must rest with the de-
PENDANT. l therefore cannot acquit this defendant
on this defence. The case will have to 90 on,
and evidence be put in of the nature of the con-
tents of the alleged obscene or immoral PAM
phlet.
Mr.. Hartwell, counsel for the defendant asked
the Court to show wherein the authorities he
had cited, differed from the present case. This
defendant does not intend to set up a defence on
the meaning of the words, and he { Mr.. H.
would not go into the discussion for any amount
of money.
The case of Rex VS.. W. Aud, was then called.
Mr.. Russell, counsel for this defendant, OBJ
served that the case against Robert Grieve not
being finally disposed of, he wished to know
who was now on trial.
His Honor informed him that the Court
would proceed with the trial of w. Auld.
Mr.. W. r.. Castle appeared for the Crown,
and called as the first witness:
Robert Grieve, who testified that he was one
of the proprietors of the Hd1Ouiidn Gazette
Office and was in personal charge. He did not
know who brought the document to the Office.
1t was delivered to his foreman, and he (Mr. g.
knew nothing of its contents.
Mr.. Castle said he proposed to use the printed
copy to obtain the meaning Of the Objectionable
words.
Mr.. Russell objected, and the objection was
sustained. The manuscript was accordingly
produced.
James Aud, foreman of the Gazette office
said the manuscript was brought there by his
brother William, one week before the Corona
ton. There was no manuscript for the title
page. He made that up himself. Defendant
told him to put the Royal coat-Of-arms on the
proof, and lie would show 1t to the King. He
did so, and on the third proof being returned
with it on, he was told to Ego ahead with the
rriptiup Whom finished If WAS sent 70 the
Chamberlain's Office.
In cross-examination witness said there were
some boys in the Office when he received it from
his brother. They might or might not have
that took place between W. and ]. Aud in the
printing office.) l did not question William as
to where he got his authority to put on the
cOat-Of-aTms.
G.. W. Pilipo was the next witness called.
Mr.. Castle asked that the Govt be cleared, out
of Difference to the delicate feelings of Mr.. Pilipo.
BY order Of of His Honor the Court was cleared,
officers of the Court and members OF the press
only being allowed to remain.
c. II. Judd asked to be allowed to testify first.
He said-W. Aud came to my Office with Il roll
Of papers purpOrting to be a list of dances or
htidS. l said l would have nothing to do with
them. 1 objected to the Royal Coat-of-Arms
being put on the pamphlet. Afterwards, j. U.
Kawainui brought what purported to be the
same documents to the Chamberlain's office.
He came to see about printing. told him to go
to the Chairman of the mint He left the
papers in my Office, and l sent them down to
him. I saw nothing further of the document
until it was printed. l saw a pile of them in my
office, and | was much surprised to see the
Royal CO~at-of-Arms on them. 1 do not know in
whatcapacity Kawainui came to me, as a printer
or member Of the committe. There are
quite a number of them now in my office. They
were not distributed by my orders. l was a
member of the Coronation Committee.
Mr.. Ct. w. Pilipo, gave evidence as to what he
believed TO be the meaning of the words marked
in the manuscript. (By order of the Court
this part Of his testimony cannot be published. }
Witness said he had known people to be mis-
taken as to the precis- meaning of words in
their mother tongue. The words in question
are in common use. He had seen them in hulas
or melee before. Hulas of a certain nature al
ways shocked his moIal feelings. The advanced
school children would be able to put a c%onstruc-
ton on those words.
Messrs. Aukai and Kahumoku gave similar
evidence TO the previous witness.
Kanepuu an old man probably 60 years of age,
stated that the language was old Hawaiian,
doesn't know what those lines (pointed out)
mean. Probably the man who made the mele
knows, the listeners wouldn't. When ! was
young they called things 10y their proper names.
When I went to school 1 found they had some
different names for those things. 1 have a
daughter at Kawaiahao. 1 do not propose to
interfere with her education. 1 have placed her