The Independent. [volume] (Honolulu, H.I.) 1895-1895, 1895-06-01
COURT RECORD.
Argument in the Habeas
Corpus Case.
Two JUDICIAL DroIsIoNs AND
Two CRIMINAL SENTENCES.

the following jury: Thomas
Wright, f. L. P. Waterhouse, j.
A. Lyle, Jas. l.. Mclean, S. B.
Rose, e A. McInerny, James
Torbert, N. P. Jacobsen, j. J.
Locker, @. w. Gray, HI. F. Wich-
man and G. B. Huston. Deputy
Attorney General Robertson for
prosecution; Kaulukou for defen-
dant. The specific charge was
breaking and entering the work
shop of Thomas Hollinger on
October %, 1892. Summers was
the only witness in his own be-
half. After being out eight min
utes the jury returned unani-
NOUS verdict of guilty. Mr.. Ka-
ulukou gave notice of motion for
a new trial. Yesterday Judge
Cooper sentenced defendant to
two years at hard labor and to
pay costs $3.50.
Bento Ignacio was tried before
Judge Cooper for assault and
battery on Manuel Pimentee, the
following being the jury: ]. j.
Locker, Thos. Wright, Fl. F.
Wichman, j. M. Tracy, e. A.
McInerny, @. w. Gray, F. T. P.
Warehouse, j. Lucas, S. b. Rose,
S. Roth, w. w. Hall and @.
Bosse. j. l.. Kaulukou for the
prosecution, and defendant con-
Quoted his own defeuse. A. YER
dict of not guilty, three dissent
ing, was returned.
j. w. Carol was brought up
for assault and battery with dan
gerous weapon on Pokina on
February 5, 1895. Robertson for
prosecution; Kaulukou for de-
PENDANT the defendants plead
ing guilty, he was sentenced
to "a hours Imprisonment at hard
labor and to pay fine of 500
without costs.
The Supreme Court by Justice
Frear has rendered unanimous
opinion on the bill for partition
of Nahaolelua and others VS.. Ka-
aahu and others. 1t sustains the
decree of the Circuit Court for
plaintiffs. The law points estab-
lished are as follows:
"Parol evidence is admissible
to identify and locate the land
described in a deed, but not to
extend the operation of the deed
to land not embraced in its des-
criptive words
Mere failure on the part Of
the owner of land to object to its
possession and improvement by
others does not estop him from
claiming the land, title being Of
record and he having done
r nothing to induce belief that he
had no title.
THE act of an agent does not
estop his principal unless done
within the scope of his authority"
Achi for plaintiffs; Hartwell for
defendants.
In the case of II. L, Hayselden
VS.. Wahineaea (w), ejectment, the
Supreme Court by Chief Justice
Jndd has rendered unanimous
decision. The case was tried in
October, 1892, before Chief
Justice Judd, when the mixed
jury disagreed. 1t WIS tried
again before Judge Frear in the
Circuit Court in February, 1898,
when the jury found for the de-
PENDANT, three dissenting In
1898 the Supreme Court
ordered new trial, and
the case was tried by Judge
Cooper in the Circuit Court in
May, 1894. Again the jury re-
turned q verdict for defendant,
two dissenting, The case came
up before the Supreme Court on a
writ of error sued out by plaintiff
last November. Both parties
sought to establish title from
a will probated in 1867. The
Supreme Court puts different
construction on the will from that
done by the courts that had
tried the case, and after review
ing the whole matter at length
decides;
1.-The whole case entities the
Court to reverse the verdict and |