The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-13


the Penal Code, Compiled and Published by the
Judges Supreme Court the Law of the Land
The exception relating admission of testimony
taken the overrulng of defendants objection the
courts allowing the girl with whom the oene alleged
been committed testify without first having informed
privilege of refusing give testimony that would
tend crmnate her This the privilege of the witness
right of the party against
called and bound her. the
erpon OF such party alone and in the absence obec
by the witness herself Com Shdtc, Cush 594
An exception taken also the admission of the
of the district what had been said by
the defendant in the trial before him The objection is that
the magistrate read his his minutes which
record admissible such and that he did
merely purpose of refreshing his memory The
gstrae testified that the by himself
the defendant gave his testimony, and that the
contained of what the defendant had
said and the defendants objection, the
ruled that the witness use his record for the purpose OF
refreshing his memory The then asked
refreshing memory from record what defendant
had said He then read his minutes The record itself
put evidence In opinion the rule which permits
writing for the purpose of refreshing the
sufficiently compiled with.
An exception was refusal the
the jury requested that he of the girl must
be proved by testimony and that not to take
her personal bodily physical appearance into consideration
arriving conclusion her age such personal
bodily physical not evidence In this action
This instruction properly refused In the OF
Stephenson The State, % Ind 272 relied in support of
the instruction. evidence all of the the per
question except his appearance In the the
girls father testified oath that she thirteen of
age -
The requested instruction. Gin order render her he
prs) credible there should be coroboratng
and concurrent testimony bv some other witness
me place and circumstances tending the charge
against defendant otherwise you acquit him.
also properly refused There rule which makes such
coroborating testimony absolutely essential of this
kind. See The King WO SOo Haw 1874 Moreover,
there such testimony in this
exceptions refua to other instructions
requested but these not to be relied on and need not
be considered.
The exceptions are overrued.
Deputy Attorney General, H. p. Dole, for prosecution
j. T. De Bolt and j. L. Kau1ukou, for defendant
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
voLNEY " ASHFORD .. HENRY F. POOR and the
HAWAIIAN GOVERNMENT.
14z EQUITY APPEAL FROM CIRCUIT JUDGE,
SUBMITTED Dec % 1896 DECIDED FEBRUARY q 1897.
JUDD, CO., FREAR j. AND S. Ballot, ESQ.,. BAR,
WHITING j.. DISQUALIFIED.
the appointment by the
Savings Bank make
deposits appointment being
of the Postmaster Generals Off
cial duties, and having been ratified by the plaintiff
defalcation of clerk
trustee for the plaintiff
regular fails account there
plaintiff
OPINION OF THE COURT BALLoU
This appeal from decree OF circuit Juuge
in equity dsmssing the plaintiffs bill The Circuit
Judge the in this be substantially testified
in the plaintiffs Deposition as follows:
About of December 1885, just before leaving
Honolulu Ho plaintiff handed sack containing two thou
hundred and twenty dollars to Fred Wundenberg
General and eXofco OF the Hawai-
ian Postal Savings Bank; that the time plaintiff had no
idea of having deposited in the bank but thought
of safety during his then intended absence from o
and the postoce safes be secure than
own that after his from Ho in the first week in
January 1885, learned from Fred Wundenberg that the
had been deposited the bank in the name OF H. f.
Poor as trustee him by Wundenbergs drecton that he
objection Poor acting his trustee and that ne
regarded Poor merely the light of official in the bank
that about March II or ~ 1852
that he desired withdraw four hundred ana
twenty dollars that date the SAID amount