The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-04-21

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testimony and the Court then charged the
jury which retired at y 80 2. m. and returned
with a verdict for the plaintiff in the sum Of $50
at l-3S p. m.
trary to the law and evidence, he having asked
the Court to charge that the probable cause was
Il question OF law fr the Court and not n queS-
ton Of fact for the jury and the Court having
defined to SO charge, being oi opinion that it was
a question of fact for the jury. AIr. Preston ex-
cepted f. the ruling. Mr.. Castle also excepted
inasmuch rs he had flied Instructions for the
jury which the Court refused to charge.
APRIL 18th.
w. l.. b. Moehonua VS.. w. NJ. Gibson All
action of eJectInent mixed jury drawn aud
Court adjourned until the 18th instant, when
the jury was duly sworn, and the case presented
on the part of the plaintiff by r.. +. Bickerton.
+. NJ. Hatch reioined in behalf of the defense
Several deeds and documents were introduced in
evidence on the part of the plaintiff. w. r..
Castle, as attorney for the administrator of W.
l.. Moehonua, put In a mortgage from Henry st.
John and kalakIni to John Montgomery. The
learned counsel for the plaintiff objected t. the
introduction of the mortgage as evidence, II
having never been assigned from Mo tgomery
to Wyllie, when Mr.. Castle introduced the
assignment from Montgomery to Wyllie, and
also assignment from c. T.. Guilick to w. NJ.
Gibson and the record Of the estate of Henry ST.
John, deceased. and the deed OF G.. T. Guilick,
administrator of w. l.. Moehonua, to W. NJ.
Gibson. Counsel for plaintiff objected to the
mortgage to Montgomery, inusmuch as it was
to secure n note of $1,000, upon which only $500
had been paid, but the Court ruled that the
mortgage was properly introduced. The at
torney for the defence moved that ii verdict be
entered for defendant, inasmuch as the mott
gage was properly executed and passed by the
deed of Mr.. Gulick, the administrator of
MIoehonua's estate, to the defendant, the same
having been sold under the order of the Court,
and the sale afterwards confirmed by the Court.
MIR. Blckerton urged that taking the case out of
tn .1, L. - fl S-.-v -Aa- D-H.,a- tn ,1AH,,
tiff of his right to have his ease tried by them.
The Court decided that the mortgage passed to
Mr.. Gibson, and directed the jury to find a YER
dict for the defendant, which was accordingly
returned.
APRIL 18TH.
Rex VS. Akana and Akiona; defendants charged
with conspiracy IN the LIST degree i'll accepting
brides and otherwise endeavoring to defeat the
ends of justice.
In order to obtain a full understanding of the
outside circumstance connected with this case,
1t Will be necessary TO recapitulate some details
which were, rs a matter of course, not brought
before this Court. 1t will be remembered that
a woman by the name of Mary Nelson was some
time ago arrested on the chaig sc Of smuggling
opium INTO this Kingdom. This woman de-
livered some opium to the Chinese firm in
terested in the prosecution of this case, and re-
ceived a receipt written in the Chinese language,
which, instead. of receiving II manual signature,
was signed with n Chinese stamp. 1t was neces-
'f FN 'I
the party of the offence of smuggling and as
Akaun, whom the Marshal OF the Kingdom con-
sidered the only proper, trustworthy native Chi
neSe officer who could be relied upon in this case,
was at that time on the Island of Maui, attend
ing a murder case, the Marshal of the Kingdom
d rected his deputy not to proceed with the trial
of Miss Nelson until Akana could return from
Maui. When he returned here, Il search war
rant vas taken out and placed in his hands with
orders to find the original stamp, an impression
of which had been made upon the letter or re-
ceipt found on the person of Mary Nelson.
This stamp he found and brought to the Station
house. The firm of Ian Wo & Co., feeling n
little vindictive, no doubt. towards Akana, insin-
uated that they had bribed him. There are two
great clans of Cinnamon here, which are more
or less antagonistic. Akana and Akiona both
belong to one of these, called the Puntee. The
prosecuting witness belongs to the other, called
the Haka. This fact, too, probably accounts
for the malignity of the attack upon the officers.
When the matter. however, was reported to
Marshal Purke, he promptly dispatched the
following letter to Attorney-GenelaI Preston:
lcoPY.
HoNoLULU, April i, 1888.
To His ErceHency. E. Preston, AHorney-G General,
DC, dc.
MY DEAR SR,-Enclosed please find the state
ment of Kom Kwei, the Chinaman that was con-
victed in the Police Court, and took an appeal to
the Supreme Court and was sentenced to-day.
In it he charges two of the police officers with
bribery. 1 now request YOU to have them arrested
IOI receiving DIloCSs ana nave int cast cOHlt up Dc
fore the Court for said offence.
l do not think it right that a police offer should
be discharged without the opportunity 10 defend
himself.
In this case if the police officers have received
brides which they have been accused of they should
be arrested and given an opportunity to defend
themselves.
now most respectively request Of you to take
out a warrant for them, and have their case heard
before the Police Justice,
| an the last person TO wish to screen any Off
GERS Of the police force that behave as Akana
and Akiona have been accused Of.
Kom Kwei states that at the time that Akana
and Akiona came TO his store there were 40 tins of
opium that they took possession of three were
delivered to the station house. OF the balance, 81
tins, Akana put a portion in his shirt, and the
balance was taken by AkiOna in u market basket
which they appropriated TO their own use.
! now leave the matter in your hands To act
W. c. PAEKE,
Marshal Of the Kingdom.
As soon as the warrants for the arrest of Akana
and Akiona were taken cut, the Marshal, at the
request of the Acknowledgement suspended both
OF the officers until the case could be decided.
When the defendants were arraigned they plead
ed not guilty and Il native jury was called. The
Attorney-General openedthe case before the jury
on the part OF the prosecution by citing the law
defining conspiracy and delineat!ng briefly the
circumstances of the ohense which he expected
to prove. 4 Chinese firm had been suspected of
bringing opium into the Kingdom. Akana as
SISTED to arrest the members of the firm and
searched their premises for the contraband drug
some OF which was discovered and probably
partially appropriated 10y defendants who to-
gether endeavored to obtain, it would be shown,
some $500 as a consideration for assisting the
said Chinese firm to escape some of the penal
ties of importing opium. e
An Lin was the first witness called in behalf Of
the prosecution. He testified: am one of the
firm OF Lin Wo Il Co., some time ago three po-
lice officers, Akana, Akiona and a native called
at our store, and Akana asked for the firm seal
produced and identified by witness in COURT. L
an1 my partner were arrested, one of us was al
lowed to return to the store before being locked
up in a cell. Soon afterwards Akana told me to
return to the store as he was about to seach it.
Akauu, Akiona and a white police officer
made the search. Some opium was found in
the establishment. Akana told me forty tins