The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-10-20
COURT CHRONICLE.
Civil and Criminal Decisions-Chr.
Gertz Sent to the Reef.

Gertz Sent to the Reef.
In the case of j. f. Bowler VS.. IL.
f. Mcintyre, executor of j. S. Walk
or, writ of error, the Supreme Court
has confirmed the Judgment of the
court below for defendant as a joint
Judgment instead of one in several
ty, Creighton and Peterson for
plaintiff in error; c. Brown for de-
fendant in error.
Kualana vs.. Young, summary pos
session of land, has been decided by
the Supreme Court for plaintiff, the
exceptions of defendant against
Judge Cooper's Judgment being
over-ruled. Magoou for plaintiff;
Castle for defendant,
The Supreme Court has sustained
the order for new trial made by
Judge Whiting, on the ground of
misconduct of the jury, in the case
of Maria kaanaana VS.. keahi and
others. Exceptions of plaintiff are
over-ruled, and a new trial is order
ed G. W. Ashford for plaintiff; j.
| A. Magoon for defendant,
A unanimous opinion of the Su-
preme Court, prepared by Justice
Frear, has been rendered against
the appeal of Christian Gertz from
conviction of importing opium. The
defendant has therefore to go to
Jail for six months and pay fine of
$500. \ summary of the decision is
as follows;
ut is not ground for new trial,
that Jury was drawn, against the
objection of the defendant, from the
remainder of the regular panel after
the names of twelve jurors who were
sitting in another case had been
withdrawn by order of the Court,
no prejudice being shown to have
resulted therefrOm to the defend
ant.
Section ., Chap. 81, Laws of 1892
does not give the defendant the
right to the closing argument when
he presents no evidence.
Constructions need not he given in
the form requested, if as given they
correctly state the law and cover
the ground.
The unexplained presence OF
opium in a case of goods imported
by the defendant is evidence from
which the jury may infer an intent
on the part of the defendant to i'm,
port the opium.
Making an entry of goods, and
describing the goous in the entry as
exempt from duty and as imported
by the steamer Australia from Sal
Francisco, is evidence from which
the jury may infer that the steamer
came from foreign port
Attorney General W. o. Smith FOL
the Government; G.. w. Ashford fol
the defendant.
Henry Smith, master, has made ;
report in the matter of the estate o
Charles Apiani Long. The account:
cover period of nine years and fouI
months to May /, 1893. The dutie:
Of the master comprised a computa
ton of commissions and division
of the estate consequent on the
coming of age of two of the bene
iciaries Giovanni \. and Catherine
A. Long. There are securities o
:S35,5 800 and cash balance of SS93OS
and SO, ,9O6.oO has been expended by
guardian on account of expenses o
the several beneticiaries. Balance
distributiNe share of Giovanni il
S3O34.2l, and that of Catherine
S5j3O.SO. To new account tho shares
of the as yet minors-Carlo, Ella
and Antonino less their expenses
and commissions. are: Carlo, S6371.
%; Elias, S9l2O,l9: Antonino, S'SS67.
81. Guardians total commission
for the whole term to date are S3239.
OF, Judge Whiting has approved
the report and made an order &C
: cordingly. This report will be
criterion for charging commission
. under the new law, which allow
them to be charged son capital a
. | we'll as income.
: Judge Cooper is this afternoon
| hearing the case of Queen Dowage
Kapiolani VS.. 5. W. Mahelona, il
, which plaintiff charges defendan
g with forging deed from King Ka
) lakaua to himself of certain rea
estate for consideration of 5000
1 the value of the property being helt
:. as some times that amount. Hate
| for the PLAINTIFF; G. w. Ashford fo
the defendant. Mr.. A. Rosa and Dl
Trousseau were the first witnesses.