The Hawaiian gazette., 1891-09-08
OPINION OF THE COURT PER JUDD, c. J.

OPINION OF THE COURT PER JUDD, c. J.
On the 9th OF August the Attor-
nev-G General presented a complaint
against the respondent charging
him with certain misconduct, and
prayinc for his dismissal from the
Office of District Justice of Kipa-
hulu and Kaupo, Maui. He appear
ed on the Doth as required by the
summons, made answer aud the
Court heard the matter and the evil
dence adduced on both sides.
We find the facts to be substan-
tally as follows:
In the evening of the 14th of last
March, Saturday, while the respon-
was at Kipahulu, Maui, stopping at
the house of Halualani, policeman,
S. W. Kahele, came to him with one
Hairama, a young man, and stated
that Hairama had just bought bot
tie of wine from Portuguese store
keeper, Longdell by name, and de-
sired a warrant for the arrest Of the
Portuguese for selling spirituous
liquors without a license. The Judge
asked Kahele how many witnesses
he had. Kahele replied that only
Hairama saw the Portuguese sell
the wine, but that he Kahele was
outside the house and saw Hairama
go into the house and return with
the wine, which he Immediately took
INTO his possession. He then pro-
duced it before the Judge. The
Judge said that one witness was not
enough. From this point there is
divergence IL the testimony. ka-
hele says that the Judge further
said it was useless to bring the case,
that it could not be proved by only
one witness, and moreover how did
Kahele know the bottle contained
wine. it might be it was only water;
whereupon Kahele said. Mr.. Reuter-
the Deputy Sheriff will be here to-
morrow Sunday morning and if he
takes your view of the case 1t will
not be brought;" that the Judge
then said that the case better be
dropped and that they better drink
the wine up, and asked Kahele Tor
the bottle, took it down stairs where
there were number of people, Lu-
ika. Halualani, Hairama, Pueiki,
and they all drank it together, he
and the Judge taking their share.
The Judge says that he told Ka-
hele that there must be more evi-
dence and Kahele went away taking
the bottle in his coat pocket. He
remained upstairs writing and when
he went down stairs he found
party of natives evidently drinking
and noisy, babe them be more quiet
and then went out, picked up Ka-
hele and went to the plantation
quarters to find the natives who
Hairama had said were in the store
when he bought the wine from the
Portuguese. Kahele had told the |
Judge that he had gone into the
Portuguese store with the bottle and
then the Portuguese had denied
selling the bottle and that John Ka-
hilahila, Kaialomi and Manana who
were in the store, as Halrama said
when he bought the bottle, had also
denied that the wine wine had been
sold to Hairama. 1t is therefore i'm
possible to conjecture what further
evidence could be obtained. Yet
the Judge insisted that they should
search for more. This was about III
O'Clock at night and he waited about
half an hour TO find the witnesses;
while waiting he saw Japanese,
the plantation night Waterman, sit
ting on a verandah, went up to him
and said, you must be cold; here Is
something for to drink. The Jap
anese took the bottle, but said he
had no means of opening it there,
so as Kahele came along just then,
the Japanese gave him the bottle
and Kahele took it of. Hairama
corroborates Kahele in every essen
tial particular of his statement of his
interview with the Judge and of their
drinking the contents of the bottle,
which was the ordinary red wine
used by the Portuguese.
All agree that a warrant for the
arrest of the Portuguese was made
out. dated and signed that Saturday
night, and that it purported to
be upon the information and oath
of Hairsma and was kept by the
Judge in his possession. The Judge
had declined TO issue the warrant on
the oath of Kahele, the policeman,
because he was not an eye witness to
the offense, and Kahele persisted
that it could not issue on Hirama's
oath and that none but constable
could procure the issuance OF war
rant. Kahele also makes the very
extraordinary statement that on Sun
day morning he was present and
heard the Judge tell the Portuguese
that To need not be afraid IN regard
to the charge of liquor selling since
the wine had been drunk up.
All agree that Mr. Renter, the
Deputy Sheriff, came to Kipahulu
the next day, Sunday, and that In
the afternoon he sent Kabele for the
warrant from the Judge and that it
was served. Also that the case was
tried on the Wednesday following,
and that 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 14th OF March.
These men admitted to US that when
thew so swore they knew it was false,
for they had helped drink up that
bottle of wine. Owing to some dis
lG-.- L obola opd Hair