The Hawaiian gazette., 1889-04-30
SUPREaE COURT.
Second Week Begun on One Case-Busi-
ness at Chambers.


ness at Chambers.
Kahananui vs.. Ashford, damages fol
criminal conversation. 4. Rosa fol
plaintiff; c. Creighton, J. I. Kaulukou
| G. X. Wilder, and defendant for the de.
tense. This case went into the second
week OF trial on Monday, and was still
on at adjournment for The day at o.
clock, before Mr.. Justice Dole and q
mixed jury.
AT CHAMBERS.
On Saturday, 10th inst, Kaihumua
was ordered to be appointed guardian,
on petition presented by W. c. Achi.
attorney, OF the person and real property
of Julia Imila Antoine, a minor, under
! 500 bond.
Mr.. Justice Preston, on Monday, 18th
| inst, heard the petition OF J. +. Hack
field, assignee OF :. X. Kamaipelekane
| bankrupt, to have bankrupt examined
rs to his estate, and to produce and de-
| liver his books TO the petitioner. Z.
Neumann and petitioner in person APP
peared An order having issued as
prayed for on that occasion, the bank
rupt appeared on Monday, ODD inst,
with NJ. Thompson as his attorney, ask
ing for continuance one week. By agree
ment OF counsel the hearing was con-
tinued until the following Saturday.
Before Chief Justice Judd, on the ODD
inst w. R. Buchanan by W.O. Smith, at
torney, voluntarily petitioned to be adj
Judged Il bankrupt. Petition was grant
ed, the 9th inst. set for proof OF claims,
and the Marshal ordered to be notified
in the usual manner. An execution on
judgment in the Police Court about to
be carried out precipitated the petition
er's resort to the bankruptcy law.
Eighth Day of the Grim. Con. Case-The
Jury Retire Scar Ifdnfght-yerdict for
Plaintiff for Two Hundred Dollars.o
In the case OF Kahananui VS.. Ashford
the defense rested and Mr.. Creighton
began addressing the jury in English at
, :O5 pm, Tuesday. Mr.. kaulukou fol
lowed in Hawaiian at 8: 80, speaking
until s o'clock, when the Court took re-
cess until : 80. At the latter hour Mr..
Rosa began his closing address for the
plaintiff. speaking first in Hawaiian and
then in English and closing at 1915.
Mr.. Justice Dole began charging the
jury Immediately, and they retired at
II 20 to consider their verdict.
His Honor stated that the law encour
aged this class of cases, as a preventive
of personal vengeance and bloodshed. 1t
afforded PREPARATION to the husband for
the loss OF his wife's affections and OF
family life. 1t furnished an outlet for
the wronged husbands feelings of vim
dictiveness over his family troubles.
The law allowed actual damages in the
pecuniary loss proved, also punt
tive or exemplary damages for the
loss OF his wife. In the first case the
damages may be arrived at as actual, in
the latter they must be calculated by the
jury according to their judgment upon
the evidence. They were to decide the
case not according to what the COM
munity thought, nor according to what
they thought or the counsel said, out
side OF the testimony, but according to
the evidence. 1t was necessary in a
case of this kind to prove marriage,
which had been fully done. They were
not required either to trouble with the
matter of adultery, as that was
fully admitted. The defense was
only for the mitigation or reduction
of damages, or the prevention OF
verdict OF damages on the ground OF
connivance OF the prosecutor. If con-
nivance was proved these defenses would
be inconsistent. Should no connivance
be found proved, then verdict must
be given for plaintiff. In that case the
damages should be mitigated or not ac
70 off no
consideration.
His Honor dealt with written instruc
tions asked for by counsel on both sides,
granting some, modifying or refusing
others. Exceptions were noted on both
sides. 1t was charged that damages
might be found, if, notwithstanding oc
casional spats, the couple generally lived
happily together before defendant inter
fered with their relations. On the other
hand, the jury were instructed to find
verdict for the defendant if plaintiff
was believed to have consented to,
more so if he had taken money for, the
improper conduct of his wife. Careless
ness on his part to use proper means OF
preventing illicit relations, after he had
known of or suspected such, would be in
mitigation OF damages. The wife's con-
duct was, however, not before the jury.
His Honor referred to the voluminous
testimony taken, too much so for him to
go over it all, but he gave them the
usual instructions in the law OF weighing
evidence.
At 2:10 o'clock Wednesday morning
the jury returned a unanimous verdict Of
two hundred dollars damages for plain
tiff. The damages sued for were $4,000.
AT CHAMBERS.
Before Chief Justice Judd, on Tues
day, April 23d, the trustees first ac-
count OF estate II. R. H. Likelike NJ.
Cleghorn, deceased, was presented.
Cecil Brown for trustee, Hon. A. S.
Cleghorn, and the latter in person. The
account showed receipts OF 1922 80, |
and expenditures of $10,657 II, leaving |
a balance due trustee of 81, 3S4 is. The |
account was ordered approved, the Court |
that surplus, when itappears, |
II. K. H. Victoria Kaiulani Cleghorn.
The Chief Justice on the same day !
the same parties present-heard first &C. |
count of Hon. A. S. Cleghorn as guardian |
Of II. r. H. Victoria Kaiulani Cleghorn,
his daughter, minor Receipts were |
81 1871 So, expenditures 1854 50, leav-
ing balance of s., 046 SO for the benefit |
OF the ward. The account was approved.
The Court recommended the saving of
if possible, while at the same
time supporting the ward in keeping
with the dignity OF her position. The
guardian stating he was about to send
his ward in the charge OF Mrs. T. Rain