The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1883-03-03

On asking this question second
time he said he was not sure; his
mind was confused; it was his i'm
preston that The Marshal took il
out. Later in tile evening went to
see him. l thought he was going to
arrest me, and l wanted to show
him 1 hadn't run away. He offered
me this paper (thc bulletin) with
receipt. If signed it he would give
the paper to me. I told him the
matter was in the hands of an attor-
ney, and l would rather leave it to
him. 1t was brought at $3.50 AM.
next day by policeman, without n
receipt. After some further ques-
tious from both lawyers he was dis
missed, and Kahumoku was called
up. This witness simply testified to
the fact that the Marshal took the
bulletin board down.
Chas. Hopkins, sworn. / am clerk
to the Marshal. went with him to
Kawainui's Office. Between A and 5
PM. of Feb. 23rd, he told me he
wanted me to go down to Kawainui's
as l could read Hawaiian and un.
derstand it, to read a certain item in
the daily bulletin j. U. Kawainui
had outside his office. We both got
into an express and drove down. We
got off the carriage. went to the
board, and looking over it l saw the
item, and said here is the item now.
Just then some people came out of
the Office. (Here the testimony was
much the same as the others, the
only addition being that he testified
that the Marshal had sought for Ka-
walnut that night three times to find
him, but conldn't.
w. G. Parke called and sworn.
(Before swearing he put his left
hand ON the book instead of the
right until his attention was drawn
to it. His testimony was much the
same as the others, except as to
minor details. In answer to Mr..
Dole: l don't know as had any
legal authority. Have been
Marshal thirty-three years. l
passed the bulletin into the hands
Of the Chamberlain. He had asked me
if what he had heard were true to ask
j. U. Kawaiaui to take it down, but
as it was not exactly like that, !
thought it better to take that and
show him. Mr.. Preston then adj
dressed the Court, urging that the
Marshal had not done it in his Off
cial capacity, but as private citi.
zen, and that the grounds for dam
nges were small; that permission
had been granted by Kawainui tc
take it, inasmuch as he, himself had
taken it out of the frame. Mr.. Dole
in a lengthy and eloquent address
stated that Kawainui had only done
so through fear of the duly consti
tuted officers of the law, and, al
though pecuniarily, the damage;
were small, still, as matter Of prin
ciple, they ought to be heavy. They
had only asked for 5000 damages tt
bring it within the jurisdiction Of
this Court, and so have the matter
summarily settled. No less than I
articles of the Constitution had beel
violated, Nos. 1, 8, II and IA. L
was not a case of Kawainui agains
Parke, but of the whole. people
against official aggression. 1t wa'
direct invasion Of the Constitu
tional rights of citizens, and if heav.
damages were not inflicted, as ;
warning to others, we might have
any mans papers, letters, &C., car
ried off and returned, by ofiicia
orders, with impunity, on the groun'
that no pecuniary damages were in
flicted by the act. He quoted
number of authorities in support o
his views. Judgment deferred til
3rd instant.
Awaawa (k) VS.. Naoho (k) actor
of assumpsit for s72 Judgment con
fessed for s72 attorny s7.20 cost
$500. w. c. Achi (administrato
of Pae's eslate) VS.. Kaluna (w
! action of trover damages at $50
, continued by consent to 9th, (als
between same parties an action 10
rent Sl14 continued to 9th)
MoRTUARY REPORT