The Hawaiian gazette., 1896-05-26
OPINION OF THE COURT,
BY JUDD, C. j.
March Term, 1896.

This is a complaint against E. Hele,
kunihi, Esq, District Magistrate OF
Wailuku, Island of Maui, preferred by
/ the Attorney General, charging that the
respondent on the 18th of November
last, in Wailuku, Maui. corruptly ac-
I cepted a bribe of twenty-four dollars
from one Lum PAX, under an agreement
and understanding that in the exercise
of respondents function as District
Magistrate he would acquit and dis
charge certain defendants in the case
of the Republic of Hawaii VS.. Lum PAX
and others, charged with gaming, which
case was then and there pending before
him. The Attorney General prays that
on proof of the charge the respondent
be dismissed from Office.
The evidence on the part of the pros
ecution is succinctly as follows: On the
18th of November an arrest of several
Chinese had been made at Kahului on
the charge of gaming. They were taken
to Wailuku court house and soon after
released on bail. Information came to
the Sheriff of Haul, L. A Andrews,
that the District Magistrate was will
ling to take bribe of twenty dollars in
order to acquit these parties, who were
TO be tried the following day, Monday.
(The case was on Monday postponed to
the next day. The sheriff thereupon
marked twenty Hawaiian silver dollars
by making small shallow hole in the
ball surmounting the crown over the
coat of arms, entrusted them to Lum
PAX, Chinaman, who was instructed
to offer them to the magistrate as a
bribe. Captain of Police Lindsay ac-
eompanied the Chinaman to the magis-
trates house and remained outside
while the Chinaman went in, the door
having been opened to him by the
magistrate. After being in the house
some minutes the Chinaman came out
and reported that the judge would not
take $40. The money was accordingly
returned to the sheriff, and with four
more dollars similarly marked and the
previously mentioned twenty dollars,
I.um PAX, having heard from one Lee
Long. washerman, that the judge
would take S24, went again the next
evening, Captain Lindsay following
AAAi anu ACh1oihhaS III tAC , al u uANCi q
mango tree some % feet distant from
the judges house The witness, Lum
PAX, says that the magistrate express
ed his willingness to take the money
and to acquit the Cinnamon whose case
was pending, and that he paid it to
Mrs. Helekunihi, the respondents wife,
in the magistrates presence, he count
ing the coin out into her hands Officer
Lindsay says that he saw the figures
of these three persons from his stand
ing-place outdoors, looking through
the window and saw Lum PAX hand
something to Mrs. Helekunihi in the
manner described. This being reported
to the sheriff, he obtained, on Tuesday,
a warrant from the Circuit Judge for
the arrest of the magistrate for receiv-
ing bribe, and also search warrant
to find the marked money as evidence
On reaching the house, in company
with the Circuit Judge, and, confronting
Mr. and Mrs. Helekunihi with the
charge, they severally denied all knowl-
edge of that matter. After a search the
sheriff found the marked money in an
envelope in the back part of bureau
drawer in Mrs. Helekunihi's bedroom,
the contents of the drawer keing in con-
fusion and concealing the Envelope con-
tanning the money from the casual OBJ
server. On being told that the money
was marked they both expressed sur