The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-09-03

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extraordinary statement that on Sun
day morning he was present and
heard the Judge tell the Portuguese
that he need not be afraid in regard
to the charge Of liquor selling since
the wine had been drunk up.
All agree that Mr. Reuter-, the
Deputy Sheriff. came to Kipahulu
the next day, Sunday, and that In
the afternoon he sent Kahele for the
warrant from the Judge and that it
was served. Also that the case was
tried on the Wednesday following,
and that a full bottle Of wine was
produced by Kahele in Court and
sworn to by both Kahele and Hair
anna as being the identical bottle
that was bought of the Portuguese
on Saturday night the 18th Of March.
These men admitted to US that when
they so swore they knew it was false,
for they had helped drink up that
bottle Of wine. Owing to some dis
crepancies between Kahele and Hair
ANA as to who actually furnished
the money, fifty cents, which bought
the wine, Mr. Reuter-, the Deputy
Sheriff, nolle prosecuted the case.
Up to this time not d word was
said by any one that the bottle OF
wine before the Court was the sub
stituted bottle But one Hakuole,
Oh the Sunday morning was told by
| the Judge that on the previous even
| ing kahele had come to him for a
warrant Of arrest for a Portuguese
for selling liquor and on the Judges
asking him how many witnesses he
had and his saying only one, he
lad told kahele that he could not
convict on that and that he had bet
ter take the wine and drink it, which
thew did. HakuOle says he told this
TO the Deputy Sheriff, Reuter-, some
time after, at Hama. The Deputy
Sheriff says that when he heard this
he wrote to Kahele who returned the
answer that the bottle Of wine sworn
to in Court was the one bought by
Hairama of the Portuguese. He
also saws that Noah Kaaa, the re-
snondent. told him in Hama, in May
last. that "the bottle Of wine bought
of the Portuguese had been drank
up by us (makou)- -.
While being hardly willing to
convict a district Judge of such serl
Gus misconduct as drinking up
the evidence" in criminal case
( with the evident intention Of shield
ing the accused Portuguese upon
, the testimony of two such men as
t Kahele and Hairama who admitted
4 their perjury in our presence, we
are not satisfied but that 1t may be
r true that the Judge proposed to have
}, to have the case dropped and did
Y hello drink the wine. lie admits
/ that when he came down stairs and
d noticed that the natives were drink
:; ing and Hairama was "hula-lng III
II made no enquiries as to where then
J. drink came from He explains his
e extraordinary offer to give the wine
II to Japanese respecting the sale o
e which he had just issued warrant
,e that it was only IN joke! He say
k he knew that it was not proper Tor
or Judge to go about with an Office
re hunting up evidence to prove cas-
u which he was to try thereafter, on
Il, saws he had to do so since the De
ne nnty Sheriff was so seldom IN tina
e. part of the district. He admits ths
"a he never afterwards tried to ascertal
Vi where the substituted bottle OF VIII WI
1g came from. five disregard altogeths
lie the evidence of Kahele and Halram
en- that the Judge helped drink IL
a wine. there remains the testimony,
ne Haknole mistaken except by ii
let .Jndoe's own denial, which shoV
Za- that the Judge hnee0 when he trl'
on the case against the Portuguese tn
no the wine placed before him was n
pre- the wine which Hairama SAID he h
the bought. and yet he allowed the Tar
5he to proceed until It was stoppeo
,he the Deputy Sheriff.
md We think that great weight oug
led to he given to the admission OF I
IA Judge to the Deputy Sheriff Il
Who $ the bottle aoa. drunk up by u.s." L
aid Deputy Sheriff believed that this
also trne and acted upon it by lmme
cen ately beginning Investigations VIII
i'm resulted in this information.
her We remark that the respondent
Yet Init little legal knowledge as IS
,uld denced by his allowing the name
+ 10 ~Hairama" to be erased as the de
1out nent to the warrant and hlmseiI
SEES; stituting therefor the name OF
.ese, bale constable of Kipahulu," with
sit swearing Kahele to the war;
him Hairana said he did not swear u
re is and il is doubtful il it was suppol
Jap by any oath. .oo,,
d he Taking all these facts into con
onra uat;on we are of opinion that
then, respondent Noah {, haa e n IS Gnn
ottle longer hold the Office OF DISTRICT anl
rama tice of Kipahulu and kaupo; an an'
ssen- cordingly remove him from tne
Of his Office. He to pay COSTS 'aAe'
their $4,000.
ottle, Attorney General for Prosecu
wine W. r. Castle for respondent.
August 31st, 1871
+ the