The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-18

CRUDE,
thing far could excite him other than the bo..
Objected TO a. matter of opinion. This question
answered bv witness
l. The defendant excepted to the courts definition of pos
session IN IL charge the jury The charged after
ing lie statute law Il charge you that such possession
~ opium means that the person charged be- the of
the same have control Of the right exclude
persons from medding with it. The meaning of possession under
TINS statute not limited manual touch personal custody
The defendant excepted the verdict contrary the law
and the evidence and moved for trial the ground
which was overred Other grounds forth in the
ton for new trial but presented argued in this court
and need he noticed The evidence given substantially
follows:
Meewa-On the arrival of the steamer Ecclc Island of
KAUAI the defendant the wharf in the mornings general
freight was landed and all the freight taken away except
box by various parties; mostly Chinese freight that
time no one claimed the box inside this box smaller box
containing u Cater the box opened by the deputy her
1T and taken away by him. While the box the wharf de
et went TO the urer OF the steamer defendant walked up
and down the wharf going the further end of the wharf and
then would come back he that time excited
touched the box except deputy sheriff Avail
did not take hold of it attempt o carry it away
The deputy sherif-Testied that when the purser
ashore him and ake his book in which he had
the different freight marks and whom Is acted nfor
NATION and looked to for that mark and could not find
in the mark of the defendant. His usual mark is IN. c. am
talking about the book of the puer looking the diff
ferent marks if the box expected there 1t not
under his usual mark, and knowing his name Chung Wal
looked for his marks and found it. 1t G. W. While other
freight being landed defendant back and forth from
the end of the wharf ard looked all the freight and had
versation with the puer him talking the purscr but
did not hear what he said did not see him touch this box
I saw him point at it while talking to Mr.. CRUDE.
On examinations usual mark is n. c. he is book
keeper for Ne Chung Co. This marked W. G. No. c. W.;
his is Chung Wal which means G.. W.
CRUDE swom:-Freght clerk of steamer W. g. Hall On
October Thursday morning, discharged freight Eeele
ashore in the first boat and Awa TO and asked
had freight board for him. and said there quite
number and he walked Just the last boat of freight
coming ashore he and pointed box marked c.
W. and told me to take and land ashore
att to Waimca
all right afterwards 1t the further end of the wharf Mt
the by itself (Gubc identified the box in the
box Avail did take the box into his possession only pointed
From this evidence it may well be that the jury who
Judges of the evidence and facts found that the defendant
of the box containing the opium and of the opium it
SELF that he had control of it, the right take into his
manual actual possession and also that he could and did com
mand its and disposal and exclude other persons from
meddin with it. Such being the the verdict not
against the evidence contrary the law land down 10y the
trial court
opinion that the charge of the
1t necessary constitute the ofense that the defendant
should have the actual physical custody of the opium, that
should be within upon premises which he has control
"lavng possession has wider meaning such land down
by the trial court.
To constitute possession with intent pass necessary
that the prisoner shall have the counterfeit in his hands,
his pocket his person But if in the language of the
charge of the the jury in this case 1T the county
where the accused put safe keeping and if he keeps tho
place where the coin has been deposited and has the
control Of the coin and take into his actual at his
pleasure then this hHring possession within the meaning of
the If the coin within the power of the prisoner in
such he could and did command It's the possession
complete within the meaning Of the statute it had
been actual" State of Iowd WdshbmW II Iowa 245; Rep.
Haze a. Rddin, II Haw. 500.
Possession of naval and military stores. The goods will be
construed be in the custody and possession of the prisoner
though they have been his actual possession his
premises if they have been under his control and disposed Of by
him. where goods received railway station and hiic
then there the prisoner" made inquiries abOm them and
directed and to 'ohom they to be dIrerd this
held by the Court of Criminal Appeal be sufficient evidence
support a conviction. r. T. SmitN Bell {. G. 49, cited III
Roscoe Grim. Ev. Sec. S14.
I0ssession The detention enjoyment Of thing which
holds exercises by himself by another who keeps
exercises in his 1t implies exclusive enjoyment. Is
Am. & Eng Ency. $40.
Possession Gas used in imposing punishment for hav
in possession burglars tools other implements of crme).
The meaning be limited manual touch personal
odv One who deposits articles in place of conceament