The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-02-25

the marriage license, that his Now
lein's daughter was over fourteen
years old This evidence is positive
and certain. The fact of Mr.. Now
loin having made these statements
stands uncontradicted by him, and
it is fair to presume that they were
true.
We are of opinion that the evi
dence sustains the findings of the
Chief Justice. We therefore sustain
his opinion, and adopt it as the deci-
sion of this Court
A. Rosa for petitioner; j. II. Bare
naba and j. M. Kaneakua for respon-
dent.
Honolulu, January n, 1892.
OPINION OF THE CHIEF JUSTICE APPEALED
FROM.
This is petition be the father of
one Polly Mokunui for the annul-
ment of her marriage with one Moke
Mokunui on the ground that she was
not, at the time, of legal age, being
then only twelve years old, having
been born on the Oath of June, 1876.
The petition was filed on the 18th of
April, 1891, and owing to various
hearings and continuances that were
granted to obtain evidence, the case
was not closed until July 28th. l
was liberal in granting continuances
as the case was perplexing and the
evidence contradictory and I wished
all the light possible.
It is proved that the marriage be-
tween the parties took place at that
remote and secluded place, Kalalau,
on the island of Kauai, on the 28th
day of July, 1883. 1t was solemn
lied by Rev. S. X. Oil, the pastor of
Hanalei, the license to marry having
been issued by j. Kakina, Esq, of
Hanalei. The wedding was q great
occasion in the village. A feast was
held to which guests from Hanalei
came, the father of the respondent
being man of some property and
consequence in Kalalau. There
were present the two district judges
of Hanalei and Hawaiian and two
clergymen. The brides parents,
MIR. and Mrs. p. Nowlein had gone to
Kalalau some time before this with a
sick boy and were guests of the
groom's parents, who say that when
the marriage was proposed Mr..
Nowlein said his daughter was over
Ia years old. The same statement
was testified to as having been made
by Mr.. Nowlein to Mr.. Kakina when
the marriage license was obtained.
The respondent is proved to have
been born in October, 1869, and he
was therefore past the manageable
age at the time of the wedding. This
young couple lived happily enough
together until Mr.. and Mrs. Nowlein,
their sick boy having died, deter
mined to return home to Hanalei
They wished the young people to re-
turn home with them, and, after
many circumstances by the young
man, who was sick, he went with
them to Anahola. After short time
he desired to return to his home with
his wife, but this was refused by Mr.
and Mrs. Nowlein and he returned
without her. Mr.. Nowlein told him
he would have to get his wife through
law proceedings, as she was not OF
legal age when she was married
This was in March, 1889. The par
ties lived together some seven and {
half months, were separated and have
not lived together since. A petition
by the woman for divorce on thu
ground of her husbands desertior
was heard by me at Kauai in March
1891, and refused because the fact!
shown were that husband had re
turned to his own home and it wa
his wife's duty to go with him, and i
was not his duty to remain with hi
father-in-law in order to keep will
his wife.
A great deal of evidence has beer
adduced to show that the woman wa
born in 1876, as alleged The test
mony is from members of the famil,
and neighbors No written memol
snds have been produced however
Children were testified to has havins
been born to MIR. and Mrs Nowlein il
1870, 1872, 1874, 1876 and 1878, AM
one of them, James Kepio, said to hav
been born in 1874, was present il
Court. Many of the petitioners wit
nesses impressed me favorably, espe
cially Laumaewa, brother of Tia
late District Judge ii. j. Wanna. III
says that he first saw Polly in 1915
the year that his brother Wana wa
elected as a Representative, an
thinks she was not a year old, pei
haps only four five months old, whe
he saw her. Wana had been gon
two or three months to Honolulu
when he first saw her. Wana mus
have gone to Honolulu as a Repr.
sentative in April, 1876, and addin
the three to the five months thj
would make Polly born in the prev