The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1886-03-16
Aamaiian Gazette,
rrEspAY, NARCH d. -
In tie Supreme Ccz-t % tie Hawaiian
Isla-6s--I. Baneo. JAnzA-y Tern,
1855.
sypp c. , Sccrr1s Az PRESTON !.
Rrx " AK SrNG

rzyczs .vpr c. ,. Nccr-11 Ar PRESTON :. }.
ogu,ssa qf,is cgr-s pc. FEESruN ,.
The defendant vas convicted IL the Fc6ee
Ccars Of waikiki CT the cse1se CT hsvips
cpis,a uslIvgully N bis rcssessioo, ard ar-
pcale5 frcs, s-yh ecovictics To the Circui,
Court Of The Seccud Jadicial Circuit, which
apvesl came Gu for trial befcre . fsrcisa jury
AZ tbe last pecerlher Tern, CT he s1id Coar.
q. Lahlina. NsCaLly }, presiding. FcruaHdsr,
! Circuis Judge, beiHs also present. The jgry
Z rendered = veClSeE Ct gully. The ease turned
I urcH TIE tacs IS &c whether the Geierdsrt bad
[ the actual possession ct the bcX containing
/ the Cpiun Us TINS
/ Cosasei fcr the defendant requested the
CcGrs 30 direct the Jury,
81 In cr3er 70 crnvick defendant The lury
must be convinced beyrrd reasonable 6o1bs
l that be bad n his cwn undivided possession
/ ara ret s-hiecs g ary cnStcGy tv others, a
quantity q cp5z1. With fGll knowledge ths.
the package errtaired Cpiun.
Il uos Sufficient tbas be shozld have
srprcached pC TAKEN hold e the hex or even
a8rfstei its on sership. II be either Is rot
proven &C have k,cvu is er1t=nss. CT vas
merely preparinS to assume It's possession
when arrested knowing It's contents be
sacult bs acquitted
Which i1structioas The Court gave bat ad-
isd tatt5- Giaz)
- charge yea hat L the s.ztsUsBl Of Shel-
don = true, lr supports possession. II defsrd-
ant was expecting to receive cpium and took
L { the box g himself a. such. thu. would
cuavicE hsus INT Il the jary should ind thar
TIE wagner cdsrsd % deliver 20 The defend
ar the box IN question, PLACED It At THE dis
rcsJl sf the Defendant, sBd i1tcrpcsgj r1
--ucrz1u Co lis az cnce taxing e frUnr the
tray 1n4 that Defendant thereupon atvaacyd
a. though O. take the box, and took hold OF /.
and proceeded unrii stopped by his arrest.
-ilts was an appropriation Of ghe box BY de-
t-ndant 41c constituted possession thereof BY
llu, ard # there vas cpiHu n the box that
constituted opium N possession Il was MT
necessity igr dsfsndln: 20 remove the bcz ia
crisr Co perfect BIZ possession.
70 al cf which saHi charge and Instructions
szcegs that pcrtica requested as aforesaid de-
tsndan-s counsel then and thers excepted, and
also szcspCed TO the verdict as beng contrary
% the law and The evidence.
The szrePssczs were argued CO the 18th Cs
February last by {. ". Ashfgrd tor Gsfsullrs
and Pau NeuIann Attorney General, for tie
Grown
By rEE CoCEr. - The Instructions asked
tgr a1c gwen EsSs extremely favorable &c the
-stercI1-. The other parts Of thei1strucsicus
ls1cepsec to- were we thiak justified By the
evidence ard were u1cbJecElcnlhls
The case WAS left to the Jury on tie syit-
e1ce, and we beng Of cpiriga that there vas
evidence &c Justify the verdict. cannot accord
l1g 70 the decisions Of this Court set aside the
verdict Of the Ilry.
The szrsgtiC1s are therefore uverrulsd and
! new crill derisd
Eal- N=Uua1u- AIrgrusy-Gisnsral for tie
CrgEu- Ashford 4 Ashford for defendant
Honolulu, March s.h, 1855.