The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-09-01
SUPREME COURT IN BANCo.

Two decisions of considerable general
interest were handed down by the Su-
preme Court in Banco at 2 o'clock yester.
day. They were in the matter Of two
district magistrates. The main outlines
are as follows:
In re Moses Mahelona: ''The respond
ent had been convicted of adultery and
had appealed therefrom. A decree OF
divorce had been entered against him on
the ground of adultery. He lived out
side Of the district wherein his court was
situated and he had failed to make re.
turns Of fines and costs for a period Of
four months. HELD, that good cause
had been shown Tor his dismissal from
office"
Upon the hearing, the conviction for
adultery was shown, but no proof Of
the actual offence was made. The re-
spondent set up that the mere fact Of
conviction (Which was appealed FROM
was insufficient cause. It 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.
The second case was that OF Noa
Kaaa, district magistrate of Kaupo and
Kipahulu, on Maui. He was found unfit
Tor office and removed by the court. The
facts brought out in the hearing are re-
markable. On the evening OF March IA,
1891, Kahele, policeman, and a man
named Hailama, went to the Judge to
swear out 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 c0nvivial
| Judge kindly offered to a chilly Japan
csc night Waterman. Il was not drank
| however. There was more evidence, that
the Judge went to 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
Vaccinations, the unfortunate Poriu
guese escaped, on account OF some
technical defect, and the surface Of tht
legal pond in Kipahulu became smooth
But the thing leaked out, and coming Il
the notice OF the Attorney General, pro
ceedings were instituted.
The Supreme Court justly regards sucl
proceedings as subversive OF justice anC
not conducive to the well-being OF tin
community and Mr.. Kaaa was expelled
and ordered to pay $50 costs. Tt!'
policeman Kahele was also summarll.
expelled, and it now remains for Hal
lama to be prosecuted for perjury
Think of the solemn farce of the trial Of
Thursday, March 10! Justice must &C
casionally dance lively jig in those out
side districts