The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-07-07
SUPREME COURT. JULY TERM. 1883
Before Chief Justice Judd.
Before His Honor the Chief Justice and As
Sociate Justice dustin.


The Court ssemble at 10 AN.
The following member of the Bar were
present Messrs. f. Preston, w. A. Whit
ing, Cecil Brown, Lorrin Thurston, John
Russell, r. +. Bickerton, F. NJ. Hatch, w.
r. Castle, w o. Smith, J. NJ. Monsarrst,
w c. Jones, S..:B. Dole, Antoine Rosa, j.
l.. Kaulokou and S. w. Mahelona.
After the Court had been formally opened
by the Marshal, Mr.. Preston addressing the
the Court said, on this occasion, the open
ing of the Term, we all miss one familiar
face, one form, that is, our late Clerk Mr..
Barnard. Fhe members of the Bar and also
the Court held the deceased in the highest
esteem. Some people might think that the
duties of the Clerk of this Court, were not
onerous, but when it was known that he
had to record and make up the judgments,
which in other countries is done by the at
tOrneys, it was evident such was not the
case. After eulogizing Oh the estimable
character of the deceased, Mr.. Preston
moved that the resolutions which he held
in his hand, and which had already been
presented to the Court be placed on the
records of the Court.
Mr.. Preston then presented the following
resolutions, and made u similar motion in
regard to them, which the Court ordered to
be carried out.
We the undersigned officers of the Court wish to
place this our humble tribute to the respect of our
friend the late john L. Barnard, Clerk Of the Su-
preme Court.
Some OF Us have been acquainted with him since
A. d. 1850, but ouI more intimate acquaintance
commenced in the month of February A. d. 1854,
when he was appointed Clerk OF the Supreme
Court. That acquaintance has continued to the
time of his death with the exception of the interval
that he was absent from the Kingdom.
The late Mr.: J; +: Barnard resigned his 9ihee on
from here to reside III Few Zealand.
On the 21st day of July A. d., 1871, he returned
to Honolulu and resumed his duties in the Clerks
office of the Supreme Court, Chief Justice Allen
being absent from Honolulu at the time, and on his
return Mr.. Barnard was appointed Deputy Clerk
on the 1st day of August A. D., 1871 and continued
to perform the duties OF said Office until the LIST
day of October, A. d. 1876, when he was appointed
Clerk of the Supreme Court, and continued to act
and discharge the Onerous duties of said office up
to the time of his death, which occurred on the
Odd day of June, A. D., 1888.
In all our intercourse with him we have found
him at all times courteous, kind and affable in the
discharge Of his duties, and we feel that III his
death We have indeed lost a true and sincere
friend.
When such a career closes it is we'll for the liv-
ing to gather up such memories of his life as will
be worthy of remembrance. he was upright, hon
orable, benevolent and kind.
We hope and pray that his mantle may fall on
one who will emulate and follow his example, and
that he will endeavor to win the esteem Of those
with whom he may have intercourse.
To the widow of our late friend and his family
we tender our heartfelt Sympathies In this hour OF
their sad bereavement and may our Heavenly
Father in His infinite goodness watch and protect
the widow and the %fatherless children.
w. c. PARKE, Marshal,
DAVID DAYTON, Deputy Marshal,
HENRY SMITH, Deputy Clerk,
W. L. WILCOX, Interpreter,
t. NATHANIEL, Copyist of the Court.
His Honor, Chief Justice Judd. said in
reply, that whilst he was absent in Maui
attending the Circuit Court in that district,
the news of the death of the Chief Clerk of
the Supreme Court came to him. Though
the deceased had been in feeble health for
some time previous, and had been suffering
from painful attacks of disease, yet the
news came as sudden as the news of death
always does, and he felt equally shocked as
though it had been unexpected. He was
unable to reach the capital sooner than
Saturday, owing to the Court business on
Maui being uncompleted. 1t is u little sim
gular tina a few weeks ago he had arranged
with the Deputy Clerk that he should act
as Clerk at this term in orier to acquaint
himself with it's duties AMI to afford Mr..
Barnard the leisure he ueeiei tn make up
some work which was in arrears, and to
this Mr.. Barnard had cneerfully assented.
The late Mr.. Barnard was not only a
jealous and valuable servant, but lie the
Chief JUSTICE lookei upon him as an es-
teemed and personal friend. In view of Mr..
Barnard's failing health, His Honor had
planned that the deceased should accom-
pany himselfand family on their visit to the
country during the forthcoming vacation,
as he had done last year.
His Honor alluded in Il most i'm pressive
manner to the conscientious fidelity OF the
deceased to his duties. 1t was his custom
to come to the office long before Of
fee hours, aud to remain at his post long
after every one else had left, i'll order that
his work should be properly kept up. He
was remarkably Well-fitted for the office he
held, having received an early training in
Great Britain; where, perhaps, above all
other countries, the system OF training for
official duties is the most complete. He was
a man of large experience, acquired during
a residence in South Australia, New Zea-
land and wher At one time he had
acquired a large fortune, but in the vicissi-
tudes of life he had lost it. One could form
an idea of the number of years that had
elapsed since he left England, when it is
known that he stated he never saw a rail-
road in that country.
His Honor testified to the deceased as a
true Christian, it was apparent in his daily
I.fe, that his character was that of a con-
sistent, honorable, Christian gentleman.
The Court misses him and it will be diff
cult to fill his place.
The Court thanked the Bar and its off,
GERS for the sympathy rendered, and now
orders that the resolutions be entered on
the records of the Court.
The Chief Justice informed the members
of the Bar there were foTty-dve cases on
the calendar besides the divorce cases. The
Court would sit in Banco to-day (Monday),
and tomorrow Tuesday. There would be
Court held on Wednesday. On Thurs
day, the business would N with
juries. {
Mr.. Dole moved that the case of Malo VS..
Lowell, be continued until next term. =;