The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-08-26
WORDS TO JURY
Charge of Judge in the
Case Against a Sheriff.
Order Of Execution Not In Form.
Rights OF officers instructions
Tentative on Evidence.

As there has been some comment on
the charge of Judge Stanley to the jury
in the case OF c. s. Bradford VS.. Sheriff
l.. a. Andrews Of Hawaii, damages in
the sum OF $4,000, 1t is here reproduced
in full:
Gentlemen of the jury:
This is an action of what Is technic-
ally known as trespass on the case, in
which plaintiff declares that on or
about January 31st the defendant mali
ciously and unlawfully ard with force
and arms entered the plaintiffs house,
and there levied upon plaintiffs prop
erty, and retained possession of the
same until February 25th; and further
that defendant at that time took from
plaintiffs person a watch and chain,
and retained the same until February
25th. That the plaintiff was obliged by
defendant to pay him the sum of $40,
and that in consequence thereof plain
tiff was damaged in his property, per-
son, character and feelings in the sum
Of ten thousand dollars.
"The defendant has admitted for
reasons he has given to you that he
made levy upon a certain writ OF exc
cution, and which has been introduced
in evidence, and he submits to you that
the only question for your considera-
ton is the question of damages.
"In regard to the law applicable to
the case I charge you that sheriffs ana
other officers acting in similar capa-
city are protected to very great ex-
tent, but, like other persons, they are
bound to know the law. They must
know the general jurisdiction Of the
Court whose process they are called
upon to enforce. II writ is placed in
their hands which the Court had no
authority under any circumstances to
issue, then that writ is absolutely
void, and cannot justify anyone in
obeying its commands.
I'm this case | have to charge you
that the writ of execution issued by the
Clerk of the Circuit Court of the Fourth
Judicial Circuit was enormously is
sued. The Fourth Circuit Court had
no jurisdiction, and the invalidity of
the writ appeared upon its face. Be-
fore the judgment of the District Court
could be enforced on the Island of Ha-
wall a certified copy Of the judgment
and execution in the District Court
should have been docketed in the Office
of the Supreme Court. and execution
should have issued from the Supreme
| Court. As this was not done in this
case the execution actually issued was
irregular and the sheriff was not justi.
fed in levying upon plaintiffs property
under it.
Il further charge you that property
upon the person Of a debtor cannot be
seized under execution. The ground OF
this exemption is that IL the rule were
otherwise the officer would be authoriz-
ed to commit trespass upon the per.
son of the debtor and thereby provoke
n breach of the peace. II therefore the
defendant in this case personally or by
his subordinates took from the person
of the plaintiff his watch and chain
without his consent and against his
protest such action was Illegal, was an
abuse of power and defendant would be
liable therefor Under the circum'
stances and upon this view of the law
your verdict must be for the plaintiff
at any rate for small damages.
"As regards the measure of damages
gentlemen, ! instruct you that II Ii
your duty to award the plaintiff as you
find from the evidence will compensate
him for whatever injury you find from
the evidence has been sustained by him
in respect to his property, person
character and feelings. The rule on
which damages are allowed Is compen'
satory. You will allow I'm as one oi
the items of damage the money paid
by him to secure the release of his
property from execution, which, in this
case, is $ll0, and counsel fees expended
for the same purpose. You will also
allow such damages as you think the
circumstances justify for the annoy
ance, If any which was undergone by
him. for injury, II any, to his feelings
and for loss of reputation, II any there
was. sustained.
"On the question of damages tt
plaintiffs reputation you will consider
the evidence on this as on other points
in the case and then decide the case or
the law and the evidence.
THE plaintiff has sued for ten thou
sand dollars and you are not at liDert,
to assess against defendant any higher
sum-
As will be remembered the jur,
found against Sheriff Andrews for $3.50