The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-12-02
Honolulu, July 80, 1892.
DISSENTING OPINION BY DOLE j

The plaintiff claims damages for
illegal arrest and Imprisonment by
the Marshal. The issue now before
this court is solely whether the YER
dict for the plaintiff was against the
law and evidence.
1t is settled principle in this
court in such cases, that it may not
consider whether or not it would
have decided the case differently from
the verdict of the jury, but must
simply seek to ascertain whether
there was any substantial evidence
supporting the verdict.
1t is not denied that there is evil
dence showing the arrest of the plain
tiff by Officer Crabbe; there is in fact
a large amount of testimony on this
point from Paukanani, the plaintiffs
escort, Kia Enders, the plaintiffs
sister, and the plaintiff herself. There
is also the evidence of Officer Juen
that at the Station House Crabbe
passed the plaintiff over to his GUS
tody. But it is commended by the de-
fendant that if the plaintiff was ar
rested he was not liable therefor
because his instructions to Crabbe
related to man instead of woman.
This being supported by the evidence
and there being no evidence against
it, would relieve him of responsibility
in the matter If the case ended there.
But there is evidence to the effect
that during the evening Juen tele-
phoned to the Marshal this message,
Il have got these parties here that
Crabbe brought here; child case.
What shall I do with them?" The
answer was, "keep them there" This
was a quarter or half past P NJ
There is evidence that later the Mar
shall arrived at the Station House and
Immediately devoted himself to the
solution of the question Of the Gus
tody of the child, who was then
in plaintiffs arms. About three
quarters of an hour was occupied in
the matter, and then the child was
taken by Enders from plaintiffs arms,
under the active supervision of the
Marshal, and according TO one wit
ness, by force, leaving the plaintiff
weeping. She was then allowed to
depart.
There is considerable evidence to
the effect that the Marshal author
lied the unwarranted arrest of some
one, native man, supposed to be in
possession of the child. The Mar
shall in his own testimony says, st
did not tell the officer to arrest any
one; might have given Crabbe in
structions to bring them up to the
Station House in case they could not
settle the question down there. This
custom is quite general. Had no idea
that any force would be used" This
alone is evidence upon which the jury
had the right to conclude that the
Marshal authorized an nnwarrantable
arrest of somebody There was evil
dence enough to lead the jury to be-
lieve that when the Marshal learned
by telephone that parties in posses
sion of the child in question had been
brought by Officer Crabbe to the
Station House, he gave orders to
"keep them there" When the Mar
shall arrived at the Station House
and found that the party brought
there by Crabbe was woman IN.
stead Of man,-as he had supposed
he did not clear himself of RESPONSE
bility as he might have done by in
stantly releasing her, but there is
sufficient evidence to have justified
J the jury in concluding that he rati-
fed the previous arrest and imprison
ment, by continuing the latter for a
, period of three quarters of an hour
} and that he used the terrifying infu
ences of this forcible detention in
the Station House to deprive the
! plaintiff of an infant which was il
) her possession with its own mothers
. consent.
I find, therefore, that there was ev
} idence to prove the arrest of the
: plaintiff by Officer Crabbe at about
5 o'clock P. NJ; there was evidence
: that she was taken to the Station
House and placed in charge of Officer
Juen, and kept by him in detention
against her will until little after
/ o'clock P. NJ: there was evidence thai
D the Marshal authorized the arrest Of
}. some unknown man and after the
/ arrest of plaintiff, authorized hel
Q continued detention until be should
: arrive, without, however, knowing i
t was the plaintiff who had been ar
i rested and there was the evidence Of