The Hawaiian gazette., 1891-09-08

the wine, Mr.. Reuter-, the Deputy
Sheriff, nolle prosecuted the case.
Up to this time not word was
said by any one that the bottle of
wine before the Court was the sub
stituted bottle But one Hakuole,
on 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
had told Kahele that he could not
convict on that and that he had bet
ter take the wine and drink it, which
they 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 says that Noah Kaaa, the re-
spondent, 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 district judge of such seri
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
Kahele and Hairama who admitted
their perjury in our presence, we
are not satisfied but that it may be
true that the Judge proposed to have
to have the case dropped and did
help drink the wine. He admits
that when he came down stairs and
noticed that the natives were drink
ing and Hairama was ''hula-ing" he
made no enquiries as to where their
drink came from He explains his
extraordinary offer to give the wine
to Japanese respecting the sale of
which he had just issued a warrant,
that it was only in jokel He says
he knew that it was not proper for
Judge to go about with an officer
hunting up evidence to prove case
which he was to try thereafter, but
says he had to do so since the De-
putty Sheriff was SO seldom in that
part of the district. He admits that
he never afterwards tried to ascertain
where the substituted bottle of wine
came from. five disregard altogether
the evidence of Kahele and Hairama
that the Judge helped drink the
wine, there remains the testimony of
Hakuole mistaken except by the
Judges own denial, which shows
that the Judge kneaO when he tried
the case against the Portuguese that
the wine placed before him was not
the wine which Hairama said he had
bought, and yet he allowed the farce
to proceed until it was stopped by
the Deputy Sheriff.
We think that great weight ought |
to be given to the admission of the
Judge to the Deputy Sheriff that
3" the bottle Uas drunk up By u.s." The |
Deputy Sheriff believed that this was
true and acted upon it by immedi
ately beginning Investigations which |
resulted in this information.
We remark that the respondent has |
but little legal knowledge as is evil
denced by his allowing the name of
"Hairama" to be erased as the depo-
nent to the warrant and himself sub |
shutting therefor the name of Ka-
hele, constable of Kipahulu," without |
swearing Kahele to the warrant.
Hairama said he did not swear to it,
and it is doubtful if it was supported
by any oath.
Taking all these facts into consid-
Grafton we are of opinion that the
respondent Noah Kaaa is unfit to
longer hold the office of District JUS
tice of Kipahulu and Kaupo, and &C
cordingly remove him from the said
Office. He to pay costs taxed at |
$4,000.
Attorney General for prosecution;
w. r. Castle for respondent.
August 31st, 1891.