The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-04-24
SUPREME COURT.

Eighth Day ofthc Grim. Con. Case-The
Jury Retire Near NIiduight-Ncr,lict FOR
= Plaintiff FOR Two Hundred Dollars.
. \Iu the case of Kahananui vs. Ashford
b, the defense rested and Mr.. Creighton
began addressing the jury in English At
pos pm, Tuesday Mr. kaulukou fol
lowed in Hawaiian At %, speaking
T until Is 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 lO:l5.
Mr.. Justice Dole began charging the
jury Immediately, and they retired al
lI.20 70 consider their verdict
His Honor stated that the law encour-
aged this class of eases, as Il preventive
OF personal vengeance and bIoodshed. 1t
afforded repatriation to the husband for
the loss of his wiie's affections and Of
family life IL furnished an outlet for
the wrouEed husbands feelings OF vim
dicuyeuess over his family troubles.
The law allowed actual damages in the
peCunjary loss proved, also primi-
tive or exemplary damages for the
loss OF his wife. In the first case the
damages may DE arrived at rs actual, in
the latter they must be calculated by the /
jury according 70 their Judgment upon /
the evidence They were to decide the I
case not according to what the com /
munity thought, nor according 10 what !
they thought or the counsel said, out /
side of the testimony, but according to
the evidence. Ii was necessary in =
case OF this kind TO prove marriage,
which had been fully done. They We're
not required either TO trouble with the
matter OF adultery, rs that was
fully admitted. The defense was
only for the mitigation or reduction
OF damages, or the prevention OF 4
verdict OF damages on the ground OF
cOunIyance OF the prosecutor. II con-
uIyduCe was proved these detenSes would
De inconsistent. Should no cOnnivance
be found proved, then a verdict must
damages should be mitigated or not ac-
,Ordng 10 the evidence affecting that
His Honor dealt with written instruc-
ions asked Tor by counsel on both sides,
granting some, modifying or refusing
others. Exceptions were noted on both
sides. 1t was charged that damages
night be found, if, Notwithstanding oc-
'IsIonal spats, the couple generally lived
happily together before defendant inter
cred with their relations. On the other
laud, the jury were instructed to lind
verdict for the defendant ii plaintiff =
vas believed to have consented to,f .
more 50 il he had taken money for, the
conduct OF his wife. Careless+
less on his part TO use proper means OIL
preventing Illicit relations, alter he had :
-nOwn of or suspected such, would be in
OF damages. The Wlfe's con-
uct was, however, not before the jury.
lis Honor referred TO the vOlumlnOus
taken, too much so for him to
o over it all, but he gave them the
~uaI instructions in the law OF weighing
violence. =
At l. 10 O'Clock this morning the jury
aCurued a unanimous verdict OF two
uudred dollars damages for the plain
IT. The damages sued for were $40, 600
AT CHAMBERS.
Before Chief Justice Judd, on Tues
ny, April 25d, the trustees first &C
cunt Of estate H. R. H. LikeliBe NJ. l
.e-horn, deceased, was presented.
cell Brown for trustee, Hon. 4. s.
Leghorn, and the latter in person. The
cc0unt showed receipts OF $8,272 90,
nd expenditures Of So 57 i, leaving
balance due trustee of 3 ,3S4 IS. The
ccount was ordered approved, the Court
irecring that a surplus, when itappears,
q applied 10 the credit Of the minor, ;
l. K. II. Victoria kaiulani CleghOrn.
The Chief Justice on the same day :
be same parties present-heard first ac
cunt Of Hon. =. !. Cleghorn a. guardian
H. r H. Victoria Kaiulani Cleghorn,
Is daughter, d minor. Receipts We're
: ,59I -, expenditures s. ,544 -, leav-
y "a balance Of s. ,O46 53 for the benefit
{ the ward. The account was approved.
he Court recommended the saving Of
if possible, while at the same
me supporting the ward in keeping
..th the dignity Of her position. The
uarIian stating he was about to send o
II ward in the charge Of Mrs. T. Rain !
Walker 10 England, to probably not re-
Urn before the second succeeding winter,
D. spend most Of that time in getting an
IGcatiCn, the Court approved Of that
reject and agreed thar. if necessary,
uring hat time the entire income may
e spent for her also suggested sending
long such of the estate jeweiry AZ may !
e deemed appropriate Tor her % wear .