The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-08-25
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 10 the jury
in the case Of c. :. Bradford vs.. Sheriff
L. \. Andrews of Hawaii, damages in
the sum OF $4,000. II IS here reproduced
in full
Gentlemen of the jury;
This is an action of what is Jechnic-
ally known as trespass on the case. in
which plaintiff declares that on or
about January 31sC the defendant mali
ciOusly and unlawfully and 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 al that time took from
plaintiffs person a watch and chain,
ana retained the same until February
25th. That the plaintiff was obliged by
defendant to pay him the sum Of Sll0,
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 a 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 10 the law applicable TO
the case 1 charge you that sherltfs ana
other officers acting in a similar capa-
city are protected TO a 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. liza 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.
In this case I 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 invaIidity OF
| the writ appeared upon it's 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
|
| irregular and the sheriff was not justi-
| fed in levying upon plaintiffs property
under it.
4 further charge you that property
upon the person of a debtor cannot be
| seized under execution. The ground OF
| this exemption is that if the rule were
otherwise the officer would be authOriZ-
ed to commit a trespass upon the per
son of the debtor and thereby provoke
a breach of the peace. If therefore the
defendant in this. case personally or By
his subOrdinates took from the person
of the plaintiff mis- watch and chair
| without his consent and against his
protest such action was illegal, was 81
abuse of power and defendant would b.
liable therefor. Under the circum
| stances and upon this view OF the Law
YOUR verdict must be for the plaintiH
! at any rate for small damages.
LAS regards the measure of damages
gentlemen. l instruct you that 1t Il
your duty to award the plaintiff as yO7
Il find from the evidence VIII COmpensat
him for Whatever injury you find from
the evidence has been sustained by hin
in respect to his property, person
character and feelings. The rule OF
which damages are allowed is cOmpen
satOry. You will allow Inn as one o
! the items OF damage IAe money POI
by him to secure the release Of hi
property from execution, which, in thi
case. is S11O. and counsel fees expended
for the same purpose. You Will ais
allow such damages as you think tn
circumstances justify for the annoy
ance, if any which was undergone b,
him, for injury, if any, to his feeling
and for loss Of reputation, if any Their
was. sustained.
"On the question of damages t
plaintiffs reputation you viii cOnside
the evidence on this as on other point
in the case and then decide the case OF
the law and the evidence.
The plaintiff has sued for ten thou
sand dollars and you are not at libert.
to assess against defendant any highe
sum-
AS will be remembered the jur,
fOund AGAINST Sheriff Andrews for $3.50