The Daily bulletin., 1893-11-13
COURT CHRONICLE.
Progress at Circuit Term-Dissenting
Opinion in a Will Case.

Kamakee was convicted by the
native jury on Saturday, on the
charge of violating the anti-gamb-
ling law of the Provisional Govern
ment. He was fined S75 and costs
$3.50 to-day,
Kaawaloa was acquitted on the
charge Of selling liquor without a
license.
Akana, convicted several days ago
of assault and battery, was fined $50
and costs.
Malihini was tried this morning
for housebreaking and acquitted.
Rosa for defendant.
Molaka was on trial after noon re-
cess for liquor selling without
license. V. V. Ashford for defend
ant.
Judge Cooper over-ruled the plea
in abatement of defendant in G. A.
Brown vs.. The Bulletin Publishing
Company and allowed the amend
ment of the complaint. G. w. Ash
ford for defendant noted exceptions.
Majority and dissenting opinions
of the Supreme Court have been
fled in the case in re estate Of ka-
maka. The majority opinion is by
Justice Bickerton, concurred in by
Justice Frear, while Chief Justice
Judd is the author of the dissent
ing opinion. Following are the
findings of the prevailing opinion:
"The question submitted to the
jury was, is the proposed will a
good and valid will in law9' The
contestants claim that the sigma
ture of one of the subscribing wit
nesses was forgery. The verdict
was for the contestants. The pro-
ponents moved for a Judgment non
obstunte ueredictO.
"Held, this is not case Of confes
sion and avoidance, and does not
come within the class Of cases where
such a Judgment can be given"
1t appears that the verdict of the
jury, against which the proponents
of the will wanted judgment enter
ed, was the same as had once before
been given only to be set aside and
a new trial ordered. On the second
trial the motion to set aside the ver-
dict did not include request for a
new trial. 1t was over-ruled by the
trial Judge, from whom an appeal
was taken to the Supreme Court.
The majority of the Court say in
conclusions: "This is one of those
cases where it would seem that an
injustice has been done, but we are
helpless to remedy it, for the neces-
sary steps have not been taken to
enable us to do so. The exceptions
are over-ruled." G.. Creighton foI
proponent-appellant; A. Rosa fol
contestants.
Chief Justice Judd, in dissenting
from his brethren, says that 'the
Judgment against the verdict is by
the common law on the pleadings
alone. But we have in this country
departed from the common law anc
established different procedure
He fluids that in the first case where
Judgment was rendered against the
verdict--Emma Kaleleonalani VS.
Hoopiopio ct al, 3 Haw. 6S2 QS76)-
the Court, by Justice Harris, de
clined to enter Judgment for th'
plaintiff, but ordered a new tria
: although there was no motion for
new trial. He gives other case
where judgm was entered, some
times for plaintiff and sometimes 70
defendant, contrary to the verdict
when the verdict was clearly y agains
| the law and the evidence. Th
Chief Justice admits that in tn
! present case judgment for the pre-
ponents of the will, contrary to tn
verdict, would hardly be justified i
t view of certain disputed evidence
} but says he can see no reason VIII
the Supreme Court cannot order
i new trial. He claims for the Cour
5 the power either to order judgmen
against the verdict or to order
new trial. The Judiciary Act
: cited as authority, and the Chic
? Justice concludes, "The supervisio
! by the Court of the verdicts {
juries is in my opinion a wholeson
: exercise of power and is conduciv
= to the public welfare"
Judge Whiting at Circuit COu
!, chambers has appointed w. f. ALE
+ as administrator of the estate of ii
+ late P. Opfergelt under $lO,O
+ bond. Hatch for petitioner.
! w. r. Castle, assignee of the ban
rupt estate of Tai 10y, has had h
accounts approved and himself di
charged.
J. l.. j. Levey, assignee Of the ban
g rupt estate of D. M. Crowley, h
IS also been discharged, with accoun
Il approved.
IS The first Japanese divorce cas-
5. has been partly heard by Jud
# Whiting and continued until Thu
day next.