The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-04-07
SUPREME CoURT-APRIL TERM. 1888
SITTING IN BANCo.
Monday, April ID, 1888.

Monday, ApTil "a, 1000
In tue cl>e Of Her Majesty Queen Dowaser
Emma vs. the Crown Land Commissioners, the
original Judgment in favor Of plaintiff was sus-
tanned. a" Bill Of Exceptions not having been
filed in order to perfect the appeal
Tuesday, April Sd.
BEFORE Ma. ASSOCIATE JUSTICE AUSTIN AND 4 HA-
wAIIAN jury.
4 mol pros. was entered By the AttOrney-Gen-
eral an the case nf Kanoa and Kealoha. charged
with larceny. and committed il January last
from The district Of Waialua-
Rex vs. KaaiIi. KawiiIa and heo, charged
with malicious injury and committed before the
Police Justice of Honolulu. from whence they
appealed to the Supreme Court. Attorney Zen
eral Preston for the Crown, W. K. Castle Tor the
defendants.
The Attoruey-Genera in opening the Gaze
said. the offense with which the defendants were
charged was malicious injury to the house and
property Of Mr.. Allan Herbert at Kalihi. The
evidence that had been laid before him was very
conflicting. as is generally the case where Chi
nese are the principal witnesses on one side, and
native Hawaiians on the other. He would call
the first witness, the man who had charge OF the
house and property.
Teckkee, sworn-Stated that he lived at Kalihi
at Mr.. Herbert's ranch. Knew defendants and
have seen them on Mr.. Herbert's premises.
1t was about five weeks ago. and at about 8
O'Clock in the evening. Was sitting in front OF
the house. Took up a gun and put some powder
in il and fred in the arr. There was no shot IN
the gun. The three defendants came to the house
shortly afterwards and pushed open the door,
smashed everything inside and made use OF bad
language. and challenged TO fight me. They lett
and returned at 10 o'clock at night. There was
a native woman in the house when they hrst
came. She got frightened and ran away. Cine
witness gave a detailed account OF the atray and
the breaking of furniture and windows.)
Two more Cinnamon gave similar evidence to
the first witness. -.
Mr.. Allan Herbert testified to what he saw of
the debris in the house, and the damaged bananas
on his visit to the premises on the following DAY
of the commitment Ct the act. He estimates the
damage at S35.
the evidence for the defense was totally contra
dictury Of that for the prosecution Alter able
addresses by counsel, and a summing up by HIS
Hunors the jury retired and returned a verdict OF
Not uIlty.
This case lasted the whole day.
WEDNESDAY, April 4th, 1888.
Kom Kwei, convicted OF importing opium, IN
the Honolulu Police Court, was brought up Tor
sentence. The Court confirmed the sentence OF
the lower conrt, viz: Six months imprisonment
and 5000 fine. (Alr. Hartwell appeared before
His Honor about one hour alter sentence hau
been passed aud asked that judgment be sus-
pended until Tomorrow morning, as there had
been a misunderstanding about time. Granted.
Rex vs. Hailama, Kamekona and Kaai. Charge,
manslaughter. Mr.. j. l.. Kaulukou for the de-
PENDANTS plea. not guilty. The evidence In this
case was fully reported in these columns
at the time Of the Police Court examination,
which tended to show that PaeUla, a seaman,
formerly belonging to the schooner Nettie Merrill,
met his death BY a blow received on the night oil
the 9th of January on the mail steamer wharf.
The counsel for the defense addressed the jury
for upwards of an hour.
The Attorney-GeneTa said there was little
doubt about Paeola having met his death from
the blow. Ii was not necessary to prove malice.
The prisoner are not charged with murder, they
are charged with u|ulaw!ully Causing the death OF
Paeula. lie was of opinion that 10y the evidence
that had been produced, lie might have justly
been charged in the frat degree, but he knew
there was a prejudice against conviction where
the crime charged is of u very serious nature.
He thou sht it better To charge a man
SO as to get a conviction. The Cd
iect of the law was not as muth to lntiIct
punishment ms to deter others from committing
crime. Tins trial had taken a ling time, but
the facts seemed to be within a smal' compass.
The medical evidence showed that he died from Il
fracture of the skull. According to the evidence,
that fracture was inflicted H. Kaai. aud the
others were present cpunteranclng the act.
The learned counsel related the evidence In de
tail. He considered the testimony OF Hailama,
one of the defendants, to he gross and wIliul
perjury He drew particular attention to the
conduct of the prisoners after the act. Ihey olu
not 90 for a doctor or for the police. haal went
| TO hOOldu hHcTC BC was
secreted himself at Cape Horn. Not a word or
symptom of pity for the dying man. The verdict
of the jury ought to show the prisoner that hu-
man life is sacred, and cannot be wantonly taken
away. In his opinion (the Attorney Generals)
the jury could come to no other verdict than that
of guilty. lie asked them not to come to a
rash verdict. and he 'elt satisfied they would do
~instice between the government and the defend
ants. 1t was no pleasure for him to convict any
one, but the law must be sustained.
His Honor. i'm summing up said. that In order
to convict. they (the jury) must believe the par
ties accused are guilty beyond a reasonable
doubt. lie alluded to minor discrepancies but
pointcd out that the evidence was conclusive on
the main points. The safety of our lives depends
upon fairly, fully, and justly carrying out the
law. He had no doubt the verdict would be such
as to satisfy the Court, the country and the peo-
pie. q
The Jury retired at twenty minutes past .
o'clock o. m, and returned into Court at 6.45 p
m. witt a verdict of not guilty of manslaughter
but guilty of assault and battery. Sentence re-
served.