The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1895-02-01
JUDICIARY JoTTINes
Two Supreme Court Decisions-one
on the Kona Tragedy

A unanimous decision OF the Su-
preme Court has been rendered in
Republic Of Hawaii VS.. George
Friedenburg and Republic of Ha.
waii VS.. r. Palau, selling liquor with.
out license. Chief Justice Judd
frames the opinion, of which the fol-
lowing is the syllabus:
Defendants pleaded guilty to
charge of selling spirituous liquor
without a license and sentence was
suspended. Thereafter they were
again arrested for another offense OF
the same character. On being
brought into Court nolle prosequi
was entered and the Court imposed
sentence in the previous case. Held:
1t was no error to thus pass sentence,
though proof OF the second offense
was not made to the Court"
Deputy Attorney General A. g.
M. Robertson for prosecutions; j. X.
Kaulia and Enoch johnson for de-
PENDANTS.
Circuit Judge Whiting sat on the
case in place OF Second Associate
Justice Frear, prevented from duty
by illness.
Chief Justice Judd also renders
the opinion OF the full court consti-
tuted by himself, First Associate
Justice Bickerton and Circuit Judge
Cooper lin place of Justice Frear) in
Republic OF Hawaii VS.. Oishi, Sui
maya, Weda, Oda, Igami and Matsu-
motto (all Japanese); and John Gas
par, accessory before the fact. This
Is the case in which, at Kona, Ha-
waii, last September, an officer was
injured and japanese was shot and
killed, in a quarrel over the posses
sion OF certain coffee land. The syl-
labus OF the decision is as follows:
1. A defendant was committed for
trial for instigating others to COM
NIT an offense. The Attorney Cen
eral declined to indict him on this
charge aud he was discharged from
custody and again arrested, commit
ted, indicted, tried and convicted on
the charge of being an accessory be-
fore the fact to the commission Of
the said offense. Held: That the
former proceedings were no bar to
the conviction and there was no mis-
trial.
2. A District Magistrate exercising
the functions OF this Office is de
Jdcto magistrate to all parties except
the state. Where warrant issuing
from District Magistrate is offered
in evidence il is not necessary, to
prove its legality, that the commits
sion OF the magistrate be produced.
Circuit Courts can take judicial
knowledge OF the appointment OF
the inferior magistrates.
3. Reference was made in the
body OF a warrant, for the names OF
all but one OF the parties to be ar
rested, to the information which
preceded the warrant on the same
paper, and contained the names Of
the parties complained against.
Held: The warrant complied with
the statute.
4. Extreme strictness is not re-
quired in writing in English Chi
nese or Japanese name. "Ois" as
pronounced by a Hawaiian would
be idem sonans with "Oishi."
5. Where the evidence shows that
a person melted others to assault
police officers generally il they came
for a certain purpose, the person in
citing is responsible even though
the officers were not armed with
IT, gal warrants.
6. To hold a person guilty Of in
citing another to commit an offense,
it is not necessary to show that he
exercised SO great an influence over
him as to deprive him OF the free
dom Of his will.
z. In order to distinguish between
certain defendants and an accessory
before the fact, tried with them, a
separate verdict against these de-
PENDANTS was rendered, finding them
"guilty OF the charge OF resisting
the officers" Held good. The YER
dict, If free from uncertainty, is good
though it does not contain the parti-
culars OF the indictment in describ-
ing the offense.
Attorney. General w. o. Smith aud
Deputy Robertson for prosecution
p. Neumann, G. w. Ashford and A.
S. Hartwell for defendants.
The penalties to be paid by the
defendants are as follows: John Gas
par is to pay fine OF $500 aud be
imprisoned twenty-four hours; Oishi
500 with twenty.four hours; Sugi,
maya, Weda, Oda, Igami and Matsu,
motto S75 each with twenty-four
hours.