The Hawaiian gazette., 1901-05-03

COURT N0TtS.
DO Welnsaaa,-s daIItl

lNii'W F'NNNNN AfNMiN MAfHNAN ff'N.
sry undertook what appeared go be- a
formidable task Monday evening when
~ went ON board the schooner Admiral
With warrant " arrest fpr Michael
swan bufiy negro sailor charged
with assault and battery.
The negro is n brazilian. and accord
ing g. The reports ~ an on board made
things extremely lively on the good
shin Admiral during the voyage en-
rsute 60 this port In furious tenn.
per he assaulted the first mate and
beat him nearly 10 death. and then,
farming on the captain, attempted 20
Kill him lie was put in irons and
kept there during the remainder 81 the
voyage. and although the irons rusted
there was no ono on board who would
undertake TO change them. so vicious
and ugly was the temper OF the black
man
Iir Hendry was warned that It
would be dangerous TO attempt 60 ar
rest the negro without assistance but
pinninp his faith to n Smith & Wes-
son siS-shooter and the more gentle per-
suasion of a pocketful OF good cigars,
the chief deputy marshal boarded the
schooner and approached the prisoner.
At first the Brazilian was not gracious,
but the officer. after asking him If he
would not like to 70 ashore introduced
himself and gently informed him that
he had n warrant for his arrest ask
ing him to accompany him from the
schooner. This the negro did, as meek
ly as a lamb, and when at the gang
plank the officer took a General Ar
thur cigar from his pocket. lit It, and
proffered II to the black man, the ship's
officers and crew stood In wide-eyed
and open-mouthed establishment,
watching the two as they departed
peaceably together, enjoying their ev-
erlnE smokes.
Swan was arraigned at the Federal
Court yesterday morning, and the court
appointed r. McCants Stewart to act
as his attorney. The attorney, how
ever. refused to accept the appoint
nent, and Judge Estee will appoint
someone to defend the negro later.
DECISION IN HUI LAND CASE.
A unanimous opinion was given by the
supreme Court yesterday in the case of
Hawaii Land Company. Limited, vs. Net
tic l.. Scott. on appeal from the District
Court of North Kona. Hawaii. The
opinion was written by Justice Perry
Summary possession was claimed by
the plaintiff of six shares in the COM
pany land of Holualoa l and g, the COM
plaint setting out that the premises were
held by the defendant unlawfully and
against the rights of plaintiff. 1t was
alleged that defendant held the shares
by virtue of lease between D. Kahao
attorney in fact for S. II. Peters, and
the defendant.
A demurrer was filed on the ground
that the complaint did not state facts
sufficient to constitute a cause Of action
The defendant also filed a plea disputing
the Courts jurisdiction Both the plea
and demurrer were overruled>and judy
ment was subsequently rendered against
the defendant.
An appeal was taken to the Supreme
Court on points of law, one point being
that the magistrate erred in admitting
evidence to established facts not alleged
in the complaint. 1t was also raised
that where documentary evidence was
taken by copy, the magistrate erred in
admitting such evidence without identifi-
cation on certificate that it was correct
copy.
1t is held by the Supreme Court that
the demurrer should have been sustain
ed, holding that the declaration was de-
fective in specified particulars. The SUI
preme Court finds that the demurrer as
to it's allegations of the insufficiency of
facts in the complaint and of lack of
Jurisdiction. Should have been sustained.
The case is remanded to the District
Court for such further proceedings as
may be proper under the opinion given
The syllabus contains the following:
I'm the declaration in an action to re-
cover summary possession Of land
brought under sections 1873 and 1880 of
the Civil Laws, 1t is necessary to allege
that the relation of landlord and tenant
exists or has existed between the par
ties, how such tenancy was created,
whether by lease or by parole, and how
It terminated, whether by afflux Of time
or by reason OF forfeiture or by stat
utory notice to quit"
Andrews and Peters and Andrade were
attorneys for defendant and Achi and
Johnson for the plaintiff.
AND STILL THEY COME"
j. w. Keliikoa, a member of the House
of Representatives, applied yesterday to
the Supreme Court to be examined pre-
paratory to being licensed to practice
law in all courts of the Territory. The
applicant already holds commission to
practice in the lower courts, but desires
to go before the upper courts. He will
be examined tomorrow morning at 10
o'clock.
FEDERAL COURT.
Thomas Saffrey, indicted by the Grand
Jury on a charge of forgery. yesterday
plead guilty before the Federal Court and
was sentenced to one years imprison-
ment in Oahu jail.
GOVERNORS COUNCIL.
The Governor and heads of depart
ments met in secret session yesterday
afternoon. Even A. G. s. Halves, Gov
einor Dole's private secretary, was ex-
Guided from the meeting and the pro-
ceedings were not given out.