The Hawaiian gazette., 1889-04-16
BEFORE JUDD. c }. M'CULLY, PRESTON. GICK-
EETOS AND DOLE J. J.
opmioaot tie Court By Preston j,

ODmi0H.of tie Court be- Preston !.
The defendant in error sued the
/ plaintiff in error in this Court in an
action designated "Trespass." The
first count in the petition was for the
| malicious prosecution and arrest of
the defendant in error without prob
able cause, on q charge of embezzle-
ment of certain pieces OF cloth and
satin, the property OF the plaintiff in
error, and claimed $1,000 rs damages.
a second count was for malicious
~ and without probable cause,
obtaining search warrant to search
the defendants lin error) house for
the same goods, and alleged that in
pursuance of the command in said
last mentioned warrant certain police
officers, went, accompanied by
the defendant ,the plaintiff in
error TO the residence of the then
plaintiff, and then and there, with
the aid, and at the instigation and
procurement of said then defendant
to the wrong, injury, insult and in
convenience of said then plaintiff and
to the insult, humiliation and terror
Of his wife and family, instituted and
conducted a precise and thorough
search of the then plaintiffs said resi-
dence and overhauling and displace-
ment Of the furniture and other ar
ticles therein, and that during the
progress of said search, said officers
and said then defendant found certain
articles therein, to wit, one piece of
camel hair or wOrsted suiting, the
property of said then plaintiff, which
said then defendant then and there
falsely claimed to be the propertysof
him, said defendant, and TO have been
stolen and embezzeled by
the then plaintiff from said than de-
PENDANT, and At the request and fnsti-
CATION Of said defendant, said police
officers then and there, against the
will and right OF said then plaintiff,
took said specified articles into their
custody and possession, and then and
there arrested and took said then
plaintiff into custody and conveyed l
plaintiff and said goods to the Homo [
lulu Police Station, that plaintiff I
secured his release by giving bail and /
at the hearing the charge was with 4
drawn and plaintiff discharged from |
custody. And the plaintiff averred |
that by reason of the facts thereinbe- |
lore in that count recited, he was /
grossly injured in his right of personal /
liberty and that the rightful sanctitv /
)f his dwelling was ruthlessiy invaded /
and violated, that he and his said wife /
md family were exposed to and suf-
erred great distress and terror and the
most humiliating insult and that the
hen plaintiff suffered assault and i'm
that he was greatly scan
ialized in his business and social
citations and was obliged to incur
,reat Inconvenience, expense, etc,
nd plaintiff claimed 5000 as dam
.ges.
The case was tried before McCully (
Z, and a jury at the last October
Term, when the plaintiff had a gem
raj verdict for Il, 5O0-upon which
Judgment was entered on the eight
enth day Of October.
On the 30th January, during the
ERIN, the defendant moved the Court
hat Judgment be arrested on grounds
which were afterwards assigned rs
rror.
This motion was refused.
The plaintiff in error thereafter aD-
lied to Mr.. Justice McCully for and
btained a writ Of error and assigned .
rrors As follows:
Whereas an action of trespass was
ntered by the said j. :. Martin. a
laintitf, against the said L. B. Kerr,
: defendant, in the Supreme Court
I the last October Term thereof, and {
aid action came on 10 be tried at said {
.fm before jury, and verdict was
eturned for the plaintiff for fifteen
undred dollars damages, and iudg-
lent has been entered against the /
sfendant within six months now last I
lst, to wit, on the eighteenth day of :
ctOber, A. D. 1855, for the sum of fif- :
en- hundred dollars and one hundred G
al siXty-twO and 5000 dollars costs, >
I'd execution thereon is wholly I'M a
tisfied. The said L. B. Kerr deem t