The Hawaiian gazette., 1888-11-06
In. the Supreme Court of the Ia
waaan Islaads-Tn Banco. Oc-
tober Term. 1883.
TIE KING Us. MAkANAkA. FORGERY

lee HING rs MAKAMAkA. FORGERY.
sEzoEE JUDD c. :. McULT, PRESTON. BICx-
EzToS AND DoLE. J. J.
Ogfzfez = tx CsErf u BTCGRRTUS,
This matter comes hera on bill
Of exceptions from the Fourth Judi
cial Circuit Court, at the August
term. 1883. The first exception Is TO
the everything Of 3 motion at the
close Of the case for the prosecution.
That the Court instruct the jury to
scout the iefendan: on the ground
that there Is not sufficient evidence
to require the defendant to be put
on his defence. because that there Is
no evidence tending to show that he
knew this was 3 forgery"
We ind that there was consider
able evidence TO connect defendant
with the transaction, more particu-
larry MS going 10 the wharf and re
ceiTing the goods that were sent on
the forged letter, and his conduct
then. IL MS statement ID regard to
the goods being his and rias oersa.
This exception IS oYerruled.
The next exception Is 10 the refusal
OF the Court 10 give instruction No
, TO the jury, VIZ To rebuff the
presumption of innocence through
ignorance guilty knowledge on the
part Of the defendant must be shown
BY some act or acts Of the defend
ant The Court held that there Is
no presumption ofinnooenee through
ignorance We hold that the Court
was right in refusing to give this in
sruct5On as asked for. as regards
guilty knowledge on the part IF de
PENDANT. the jury had the evidence
of defendant Is to his acts. which
clearly show guilty knowledge This
exception Is oTeruled-
In the fourth instruction asked
t0r. VIZ : The jury must be satisfied
thsf the defendant Maksmaka, was
. principal IN this forgery, II order
10 conEiet- The Court modified by
adding But If he. being present,
aided. melted. co1ntenanced or en-
o0usged the act Of forgery. the law
deems him principal
We hold that the Court could not
have given the instruction asked for
without this modification, which L
frUn GU statute
Ii tie close cf the case the defsn
3snt. By his counsel. excepted to the
rsudlct of the Jury, Is being contrary
10 tie law and the evidence. and
gave notice q notion for Ds1 trial
The notion for 6 new trial / On
the ground Of newly discovered eEi
dsnes- Ard IN AFFIDAVIT Of 1Izks-
maE- defendant, L fled II sup
po-4 q the uolon, TO the effect
fhz4 he has heard since the Rizl
ot his case. that the other de-
ts16s1f- PsaI0 P1nizi. fRho was
convicted Il same trial win Mska-
nzksR. lad admitted 70 seTerL PER
s0zs, kalsi and sn7thez. Whose
na-e : 0nDoEn 70 detendzntl, nov
resident IN Wsinss- Kauai that hs
committed The alleged fo-ge-y, that I
ne did n01 is1 AzE2CEka knox what 4
h mas dong. and that hs rs reason I
ID beleTs that Makznzks did n0s (
knoE shat he EEs dong That /
u-anE % and dining The trlal Of his !
sid case lie vas D0t aware tlst SID .
Puniz5 had us3e szeh statements /
that he had usa1 Due diligence n /
d5se7Tar TIE sane. And that II hss I
learned Enos sid trial that sid j
Punizi aeknoEIe5gs3 70 pezs0l= II /
SzElllwlIIz- thai L. Fr0ta SD forged !
ar1z-z and gaze then 70 TINS 9epo- /
nsz4= tzrEheE. thzt P1nizl hzs Id 4
rn7-Esd thzz hz sent detF1is1t 70 gel /
tie box u soap- Sad admissions
bang z;nes the trlzl q sid czsa esc
tbs l. 1ot TIE zE3zFit CT zE1z
TlEz Of the Besiy discovered Bit-
1@s@- but L aDp-E the aG1ayzt q
5sszz5az1- Mzks-zka- e . VIA ke &
has hard 4 n14zon for nsE sz7sl /
5zse3 On nsElF dzse0Te-ad sTl1e1ee.
sd9zld . Supported b the zEazTlts
C ELe witnesses the1sE2Tzss Eh1U