The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-03-03
Civil Summary Court.
before R. f. BIcKERToN, Esq, Police Justice.)
j. L. KAwAINuI, We. W. C. PARKE,
FRIDAY. March End, 1888.

down and carrying away a bulletin board on the
23rd February last that was exhibited in front oil
the plaintiff premises in Merchant street. The
plaintiff 10 this case is a newspaper proprietor
and publisher, and the defendant is Marshal OF
the Hawaiian Islands.
Mr.. S. B. Dole appeared for the plaintiff. Mr..
E. Preston. for the defendant.
j. u. Kawanui, sworn, stated am q journ-
alist and owner of the Pde alma. On the 23rd
February, between quarter and hall-past four
O'Clock in the afternoon, the Marshal went to
the place where | hung my bulletin board, and
without warrant or word, he seized the said
board, saying 81 take possession of this bulletin
board" He got into his carriage quickly. At
the time, | did not demand my property, as |
was excited at the action OF the Marshal. When
in his carriage, | asked him if the frame con-
tanning the bulletin would be of any value to
him. lie returned The frame and kept the paper
on which the bulletin was written, without my
permission. lie gave no reason whatever My
brother was there Mt the time. Mr.. Hopkins
was with Mr.. Parke. After returning the frame,
he said, ~ want to take this bulletin board to
the Palace" After he went away, | went to
Mr.. Cecil Browns Office. He (AIr. b. at once
wrote to the Marshal.
Cross-examined:-l am not certain whether
myself or my brother took the Bulletin out of
the frame and gave it to Mr.. Parke. Not GER
tain who opened the glass. Marshal had the
paper in his possession all night. | went to the
Marshal's house that evening. l was frightened
and thought | was going to be arrested. The
Marshal offered me the Bulletin, provided l gave
him n receipt for it. | told him this matter was
in the hands of my attorney and l preferred to
let it rest there. | received it back next morn
ing ut half past eight o'clock without a receipt.
By Mr.. Dole.-I glanced at the receipt that
the Marshal requested me to sign. Do not
remember the words. When at the Marshal S
house, l asked defendant who ordered him to
berlain wrote him Il letter, demanding him to go
to Kawainui's and take his Bulletin down. He
also stated that he did not read the letter care
fully and he was in a hurry. SO he came down
and instead Of telling me to take it down he did
so himself. He felt he was in the wrong.
By Mr.. Preston:-The defendant told me at
his house that l could take the Bulletin away
with me.
Kahumoku sworn, stated:-I work at Hawai-
nuts. On Friday last l saw Mr.. Parke standing
at the door looking at the board, young Mr.. Ka-
walnut and myself went out to see him. Mr..
Parkc took the board down and got into a car
rilgc with 1t. Kawainui Sr.. came out and
spoke to Mr.. Parke, and l heard the latter say
{" am going to take this"
Cruss-examined:-The Bulletin WAS in a frame
and 1 do not know who opened it.
This closed the case for the prosecution.
Charles Hopkins sworn, stated:-1 am n clerk
for the Marshal. | was with him on Friday last
between four and five o'clock, tho Marshal told
me he wanted me to go down to Kawainui's
Office and read n certain item in the Hawaiian
language that was on the board outside of Ka-
wainui's Office. We went down together. On
arriving there, the Marshal asked me to jump out
of the carriage and zee if the item inquestion was
on the bulletin board. | found it was there, and
said, - Here's the item now" Mr.. Parke took
it down off the hook. AS the Marshal was
entering the carriage j.. U. Kawainui came out,
and ho asked the Marshal what he wanted with
the Bulletin Board. He replied 81 want to
take possession of this In tho meantime ! gotE
into the carriage. Mr.. Parke was sitting on the
mnukn side. B.. w. KawainuI and others
were standing round the carriage ut the
time. B.. w. Kawainui said, " that is it"
pointing to another board with a lot OF
printed matter on it. L said, 1 don't think that is
we want,I think it is the manuscript we want.
Joe Kawainui was standing on the mauka side of
the carriage at the time. He again asked the Mar
shall what he wanted with that bulletin board.
added, eff you want the bulletin you might as
we'll take out the sheet and let US have the board -
and the Marshal replied, A right Kawainui then
unscrewed the glass front, and passed the sheet
over to the Marshal, and he took the board. From
there we started up to the Palace, and then we went
back to the Marshars office. After being there ten
a note came up from Mr.. Cecil Brown
mote handed in). A little while after that, a note
came requesting the Marshal to go to the Cham
berlain's office. The Marshal went out and left
me alone, At half-past eight he came to me, and
me to go To Kawainui's with him to deliver
this bulletin. There were only two boys there
when we arrived, and not finding Kawainui
enquired for him.
w. C. Parke sworn, stated Il went to Hawai-
lui's Office on Friday the Odd February, taking
With me Mr.. Hopkins. In addition to what the
previous witness has stated, 1 asked him un arrival
It Kawainui's, whether it was written on the
BOARD that people going to the tuGu without an
would be kicked out by the Chamber
ain. He said, it was so. | told KaWainui that
he was wrong in publishing that, as it was pla-
.arded about the streets that anyone could go in
an Invitation. He said Eyes, that came
nut after 1 issued the bulletin" I then said, Il
want that board" He opened the front of the
rame. handed me the paper and l drove off. He
to my house and said he was afraid he was
DING to be arrested. 1 assured him there was no
ear of that. I then drew out a receipt and asked
i'm to sign it, offering him the bulletin. He refused
o sign the receipt, so 1 told him he could take it
rithout a receipt. He refused to take 1t.
Cross examined DO not know whether I or
hopkins took down the board. l had no warrant.
asked no permission as there was no one there to
SIX. 1 had no authority. I have been Marshal
3 years. know of no precedent for my action.
did not offer a receipt for the bulletin when
ook it. After taking the bulletin, I passed it into
he hands of the Chamberlain. He did not
SIX me to bring it to him. 1 wished him to see
he exact words on the board, as 1t had been
uo-o,+a 80 70 lin, tbare were words there that