The Hawaiian gazette., 1893-08-01

! this point sgsinst the defendants
I contention. The defendant, the pies
10 the jurisdiction hsving been over
ruled by Judge Whiting snd ex-
cepted 10, demurrei to the indict-
( msnt aud raised the question third
/ whether there Is shy authority of
lsw Tor the sdopt;on OF the
nsms Of the Provisional Gov
/ eminent q the Hawsiisn Is
lands SIS the prosecuting body.
/ There Is no statute designating in
Whist name processes, warrants or
indictments should be entitled.
Under the monarchy It was custom
sry, but not invariably so, TO entitle
them N the nSme Of the reigning
/ sovereign. And this was proper as
I criminal prosecutions were by the
/ Crown which represented the State.
On the change Of Government in
I January lsst, this Court ordered the
! processes Of Court 10 be entitled in
the name Of the Provisional Govern
meut Of the Hawaiian Islands, :"
which was equally proper SIS indi-
. eating the suthorIty for instituting
criminal prosecutions. In s republic
. the proper form would be In the
name Of the people Of the --"
naming the State.
Fourth. The demurrer alleges that
the Indictment does not with sufhci-
ent certainty designsts and identify
any person whom this defendant is
therein alleged TO have killed and
murdered The indictment charges
that defendant did Kill and murder
one D. L. Huntsman,n and il is con
tended by defendants counsel that
his Is g fatal defect-that to describe
the person asssiled not by his Chris
tan name but by initials and sur
name Is insufficient The early Eng
lish cases to which we are referred,
show that the letter of the alphabet
which is 8 vowel msy be the name OF
E person. and there IS contrariety in
the cases upon the question whether
one Of these letters which Is s consO-
nsnt csu constitute e name. In
Tweedy IS. Jarvis, p Conn, 4, the
Court held that q consonant may be
presumed 70 De an entire Christian
name IS well as 8 vowel. The object,
however, Of naming the deceased in
an Indictment Of this character Is to
identify him and to admit proof that
the person killed was the one named
IN the Indictment. As Wharton. in
his Grim. Evidence. Sec. SO, says.
The resl question IS, what did the
defendant call himself. and permit
himself to De caIledi By this name
he IS to be indicted. If he calls him
self By initials and signs his name
By initials, by initials ne may be
described IN an Indictment" Wander
mark e. al vs. the People, 4 H., 722. |
sus5EI1s this view. The Court say,
1T IS said that the full Christian 1
name Of the prosecuting witness /
should have been given, and that the l
initials were not sufficient. It Is q /
rule Of pleading that the name Of /
the person receiving the injury, when /
known. must be set ont in the indict .
ment. that the accused may know Of /
what particular offense he IS charged. !
But when the person IS described by /
the initials Of his Christian name.
and he Is IS well known by that as
bis full name, the object Of the rule Is
obtained and no error Is committed. /
And It IVES 2 question for the jury
whether ne was known in the com /
nunity as well by that as his full |
1gme.n
There are many cases which take
the ground that an Indictment
sgaiHst man by the initials of his
christian name only Is subject to
plea N abatement, unless the grand
Jury add that his name is unknown
10 them otherwise than Is set out.
{. S. IS. Uphsm, 43 Fed. r. IS !
Lsllers Us. the State, Z Ind, $50. In
his last case as well as in many
]tbeEs the Courts say that every
person Is presumed to have G chris
ian name and this seems to be
he foundation for the rule that It
h0uld be set out IN full But in
his country with q population con
listing OF many different races, many
I whom are not Christian, and who
therefore, do not have christian
smes, and with an aboriginal pOpu
alton among whom the adoption OF
lristian names is Of bat recent
rigin and not universal, It cannot
& truthfully said that such prssump-
ion exists. We are unwilling to :
Ike the extreme view that an indict :
lent fOr murder Is demurrabla be /.
ause the name OF the person killed !!
ss not set out in full, but by initials !
1ly. !
II Wade rs. State, I S. W. Rep s
Is, & person was convicted of the Q
urder Of "Smutty my darling" v
he Court say, II the name OF the t
as alleged in the indict I
snt, was the name OF human t
sing, and it was this identical hu- C
al being that was killed, it can f
axe 10 difference that the name Is b
] unusual one" The statement Of n
e later Law upon this subject We
Ee from is Amer. & Enc. EncvclOD I 49,