The Hawaiian gazette., 1891-09-08
SUPREME COURT IN BANco.

Two decisions OF considerable genera
interest were handed down by the Su
preme Court in Ranco at o'clock yester
day, They were in the matter OF TIVE
district magistrates. The main outlines
are as follows;
In NJ Moses Mahelona "The respond
ent had been convicted OF adultery and
had appealed therefrom. A decree O
divorce had been entered agains, him on
the ground OF adultery. He lived out
side OF the district wherein his court was
situated and he had failed to make ne
turns Of fines and costs for 4 period Of
four months. HElp, that good cause
had been shown Tor his dismissal iron
office"
Upon the hearing, the conviction for
adultery was shown. but no proof of
the actual offence was made. The re-
sponGent set up that the mere fact OF
conviction (which was appealed from
was insufficient cause. 1t was also shown
that he does not live in Eva and that
his returns Of fines and costs were in de-
fault, although at the hearing he offered
to make returns and settle his accounts.
1t is noteworthy that he offered his de-
tanned salary draft in part settlement and
could not produce the actual cash he had
received.
s..,..,,l Sh,e ~
kaaS, district magistrate of Kaupo and
kipahulu, on Maui. lie was fognd unit
for office and removed by the court. The
facts brought ont in the hearing are re-
markable. On the evening of March IA,
1891, kahele, I policeman, and n man
named Hailaina, went to the Judge TO
swear out a warrant for the arrest of q
Portuguese who had Just sold Hailama
bottle OF wine. The warrant was
signed and sworn TO by Hailama, but
the warrant was detained by the Judge
because he thought one witness INSULT
cient. The wine was then drank by the
Judge and police officer with some friends.
After that they went out, as they say, to
find further evidence against the Portu-
gueSe. Another bottle was produced
from somewhere, and this the convivial
Judge kindly offered 10 chilly Japan
eSe night Waterman II was not drank
however. There was more evidence, that
the Judge went 10 the Portuguese Sunday
morning and told HIM he need
not fear any prosecution, as the
bottle had been drank by himself
and others. But on Sunday afternoon
things changed; the righteous Deputy
Sheriff came down from Hama, and or
dered the warrant served. The Portu-
gueSe was arrested and tried on Thurs
day. The substituted bottle was pro-
duced and sworn to by kahele as the
Identical bottle sold him. Hailama, who
helped drink the corpus deficit, swore
the same, but the victim of these
the unfortunate Portu-
gueSe escaped, on account OF some
technical defect, and the surface OF the
legal pond in kipahulu became smooth.
But the thing leaked out, and coming to
the notice of the Acknowledgement, pro-
ceedingS were instituted.
The Supreme Court justly REGARDS such |
proceedings as subverSiye of justice and |
not conducive to tie well-being OF the |
and Mr. kaaa was expelled |
and ordered to pay $50 costs. The |
policeman kahele was also summarily |
expelled, and it now remains for Hal
anna TO be prosecuted for perjury. |
Think Of the solemn farce of the trial on
Thursday, March Isl Justice must oc-
dance lively jig in those out
;ide districts.