The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-01-17
SUPREME COURT.
January Term-AIr. Justice BIckerton
Presiding.
WEDNESDAY, Jan. Is.


WEDNESDAY, Jan. Is.
The Court opens at 10 a. m. Foreign
/ jurors in attendance. Recess II 40 a.
N. to pm.
The King vs.. An Fook. Possession OF
/ opium. Deputy Acknowledgement Pet
erson for the Crown; V. Y. Ashford for
! the defendant. Appeal from Police
! Court, Honolulu, Withdrawn.
The King vs.. All Tai. Gaming. De-
! putty Attorrey-General for the Crown :;
I defendant in person. Appeal from Po-
/ lice Court, Honolulu. Tried before the
! Following foreign jury; J. A. Hopper,
| c. Lucas, L. Suhr, II. Gum, A. Gil
/ filan, j. 4. Spear, q. Mcleod, I. T.
/ Lansing, q. L. Howe, II. q. Crabbe, q.
| c. Stratemeyer and J. VI. Dowsett. Yer
/ dict is rendered of guilty, recommending
prisoner to mercy. The Court pro-
nounces sentence OF $25 fine and costs.
The King vs.. An Chez. Possession OF
opium. Deputy Acknowledgement for
the Crown; A. Rosa for defendant. APP
peal from Honolulu Police Court for
mitigation OF sentence. Sentenced TO ten
days hard labor and so fine and costs.
= The King VS.. Lau Niu Violating
liquor law. Deputy Attorney-General
Tor the Crown; V. Y. Ashford for the
defendant. Appeal from Police Court,
/ Honolulu Defendants motion to ira
verse record OF proceedings and sentence
OF lower Court. Ordered 10 remain in
allegiance for the present.
The King VS. Fred. II. Hayselden.
Conspiracy, second degree. Attorney
General c. W. Ashford and Deputy
Peterson for the Crown 2. Neumann
for the defendant. Defendant is ar
raigned on an indictment charging that
he, at Honolulu on August %, 1856, con-
spired with Geo. w. Macfarlane to re-
move and deal in imported spirituou5
liquors, the legal duties upon which,
81 ,749 80, had not been paid, to which
he pleads guilty, after having made a
statement 10 the Court why he so pleads.
Mr.. Neumann had first waived the read
Ing by the Deputy Attorney-General of
the indictment, and stated that his
client was ready TO plead. After hear
ing remarks OF the AttOrney-General
and Mr. Neumann in favor of a none
tary sentence only, that is no imprlson-
ment, the Court defers sentence until
p. M. tomorrow. Following are the re-
marks of defendant in entering his plea:
% May it please the Court: You as
we'll as the community here are, no
doubt, aware OF all the facts in this case.
to defraud the Government of nearly
5000. This is untrue. l was COM
manded by His Majesty the King to OBJ
tain certain liquors from u. w. Macfar-
lane & Co., amounting in all TO about
81 900. The purchase was not my pur-
chase, the goods were not my goods. L
was not liable for them. l simply car
ried out the orders given to me, and
refer Your Honor to the evidence given
by His Majesty in the Mactarlane trial
to substantiate what | say-that l acted
solely as His Majesty's agent in the mat
ter. Mactarlane had no right to charge
the goods to me personally, nor did L
carry the Custom House orders to settle
anv liability of my own. There was no
conspiracy to effect any settlement, GER
tainly not on my part, but am informed
that the law declares that an unlawful
object was carried out between Macfar-
lane and myself under an agreement.
This also is untrue, there was no agree
ment between Macfarlane and myself
whatever. Ny whole offense then was
that did as l was hidden, believing [
ought to comply with the bidding, and
carried the orders handed me by Curtis
2. Iaukea to Henry Macfarlane, to whom
| delivered them. Yet plead guilty to
the charge,
" First, because the Court has decided
in the Macfarlane case that the receiving
of the Custom House orders from Iaukea
and the delivery of the same to Macfar-
lane was unlawful.
" Second, because l am convinced that
there are men in this community who,
from political prejudice, would take their
seats as Jurors and yet condemn me, no
matter what the evidence might be-"
The King VS.. Lai Chou. Gaming.
Deputy Acknowledgement Peterson for
the Crown; V. Y. Ashford for the de-
PENDANT. Appeal from District Court OF
Koolaupoko. Tried before the following
foreign Jury: George Mcleod, Z. Suhr,
J. w. Gibbs, J. H. Black, George G.
Robert Grieve, Chas. Hammer, j. a.
Spear, Charles Lucas, and J NJ. Dowsett.
A verdict OF guilty is returned, two jurors
dissenting. Sentence postponed till to-
morrow.
The King VS.. Yock Ian. Possession
of opium. Deputy Attorney-Generalf for
the Crown; J A. Magoon for the de-
PENDANT. Defendants motion to with
draw plea of guilty on which judgment
was passed in Police Court. Mr.. Magoon
argued in support OF his motion, sup
ported by affidavits. The ground Of
motion was that defendant had made his
plea on the strength OF information ten
dered him, that by pleading guilty he
| should receive but light sentence. Mr..
| Peterson for the Crown opposed the
| motion, holding that, even if counsels
| law was correct, the law Of this country
/ forbids an appeal from lower Court,
/ after a trial is complete there, except an
! appeal for mitigation OF sentence. Deci-
! sion reserved.
| The Court adiourns at ) :O5 for the dav.