The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1895-09-17
JUSTICE.


Wneu V6SJeu WIN oho Jueicidl pow
ers OF the bench. Under the mon
archy the district judges were gen.
orally of an average decency and
ability, and men we're selected for
the offices who held the respect OF
their different communities. Since
the taking Of the oath to the repub-
lie was made necessary condition
to obtain Office, the material from
which judges could be selected was
diminished very largely, and the ma
gistrates in many instances are men
of no intelligence and in whom their
fellow men have no confidence.
Wailuku is especially blessed with
fine specimens of judges. OF Kalua
we have no more to say. You can't
touch pitch without being defled.
His is serious case and petition
is being circulated from Lahaina
asking for his removal.
Kalua, however, depraved he may
be, ia not fool; and his decisions
have generally shown that he pos
sesses common sense, some know
ledge of law and wit enough not to
make an entire ass OF himself.
The district magistrate in Wal
luku, Mr.. Helekunihi, for certain
reasons protegee of the powerful
Alexander Baldwin faction, is con-
slant source of amazement and
amusement to the Waiukuites.
We have before us a report OF two
of his late decisions, which are good
examples Of the way in which he
administers justice.
A Chinaman was brought before
him charged with selling liquor
without a license. Numerous wit
nesses were produced by the prose-
cution. The selling was clearly
proven aud the credibility of the
witnesses never challenged. At noon
the court took a recess before Civ
ing a decision. When the court
opened in the afternoon the Judge
made the statement that he had
been home 10 lunch, and while there
he had seen his Chinese cook and
had serious talk with him. The
cook had informed the Judge that
the defendant was not guilty; that
the men who gave evidence against
him we're bad men, very bad men in
deed, who delighted in bringing peo-
pie into trouble, by informing, and
who could not be believed. The
judge held that his cook ought to
know what he was talking about,
and he therefore discharged the de-
PENDANT.
In the following case we do not
know if the judge consulted his
cook or not, but the result is equally
remarkable.
A Japanese was arrested charged
with larceny of certain tools belong
ing to Waikiki plantation. 1t APP
peared that the Jap worked at Wal
kapu as carpenter previous to the
sale OF that plantation. When he
learned that there was a prospect
OF the mill being sold he asked Mr..
Friel, the manager, it he could buy
some blacksmith's tools from the
company. Mr.. Friel consulted Mr..
Cornwell, who in reward for the
mans faithful services, instructed
Friel to give the tools to him for
nothing After the transfer of the
Waikapu property to Wailuku the
Jap continued to work for three or
four months, and when he left to
open shop of his own he took his
tools with him.
A search warrant was filed out by
the vice-czar. No affidavit was sign
ed or sworn to, and even the warrant
wasn't signed. The mans premises
we're entered and the tools found
lying exposed in his shop. He was
arrested on charge of larceny and
brought before the wise Helekunihi.
Mr.. Friel appeared as a witness
and swore that the man was law
fully in possession OF the tools which
were given to him by order OF Mr..
Cornwell at least a week before the
sale Of Waikapu.
The learned judge held that as the
tools were on the premises of Wal
kapu at the time OF the sale they
,onst have koa.1 -. ~