The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-07-02

prove TeNeldllOH W TIC ieS| VI NAS
world. The three blind men who con-
stitute the bar and Judge Nathaniel
who represents the bench had a court
which astonished even such veterans
as Judge Kalua and Deputy Sheriff
Chillingworth.
The judicial party returned from
Kalaupapa yesterday about noon hav-
ing completed the terms work in
about two hours.
1t was the first time that the lepers
had a real live circuit court at Kalau-
papa during their Incarceration and
they enjoyed the novelty Of Judge Ka-
Iua's tribunal. In fact so well pleased
were they, that some of them declared
their intention OF getting tried by
Judge Nathaniel and appealing the
case, just for the fun of it.
Nathaniel acts as district magistrate
and is himself a leper. The Molokai
magistrates used to make trips to the
settlement but they tired of it, and for
years here had not been a judicial OFF,
year ago. Then. Governor Dole, list
ening to the pleadings of the Terri
tory's charges appointed Nathaniel as
magistrate Almost Immediately there
was a request for his removal. Justice
he let thingsHemain as they were and
at the request of Nathaniel gave his
practitioners, the three blind men, per-
mission to practice before the court.
That was where the trouble began for
of necessity there couldn't have been
any lawsuits, without them, as the su-
perintendent was always a law unto
himself, and disposed of all questions
Nathaniel naturally didn't want the
office unless he could exercise his pow
er and he has been having lively times
in his court. Though he has disposed
in office there were only two appeals
from his decisions.
1t was these two cases that compell-
ed Judge Kalua to make a special trip
by his clerk, L. r. Crook, by Attorney
Richardson of Lahaina and by Deputy
Sheriff Chillingworth who held a spe-
ciaI commission as Deputy Attorney
General.
Beretania Hall was used as a court
room and the place was crowded to the
doors, for to the lepers it was the most
event since the legislative
visit. Judge Kalua opened court Tues
day afternoon. There was but one
criminal and one civil case on appeal
and both were settled out of court.
DOG ATE TURKEY HEAD.
The criminal case was that of d, Ka-
nua Kaunua who was charged with
malicious injury. 1t seems from the
evidence that D. Kaunua owns dog. /
Mrs Hama Daniels was the proud pos
SCISSOR of a turkey, which she had been
for use at a Iuau. Someway |
,r other Kaunua's dog and the Dani-
is turkey became involved in a fight, |
It the conclusion of which the turkey ]
vas minus it's head. Mrs. Daniels
claimed that the dog had chewed it off,
,ut instead of shooting the dog she had
ecourse to the majesty of the law and
he dogs owner d. Kaunua, was ar
ested. Judge Nathaniel charged Ka-
lnua with malicious mischief in per-
this to happen, though it was
clearly established that the defendant
wasn't anywhere in the neighborhood
when the turkey lost it's head. Kaunua,
however. was duly found guilty and the
court fined him ten dollars and costs,
which amounted altogether to thirteen
lollars. Besides this, Judge Nathani-
i in the same proceeding awarded the
four dollars for the loss of her
turkey.
Wnen the case came before halud,
Deputy Attorney General Chilling
worth moved that nolle prosequi be
In the first place he said that
had no right to try the case,
lie should have bound the defendant to
he grand jury, as district magistrates
nave no jurisdiction in cases of mali
'1ous injury. And there wasn't any
roof of the malicious injury anyway.
n the second place the judge had COM
lined civil and criminal action in one
Which he had no right to do. So Chill
ingworth dismissed the case and to
make it all right with the prosecuting
witness gave Mrs. Daniels four dollars
o make up for the amount of damages
which had been ordered paid to her.
THE CIVIL SUIT.
The civil suit was even more compli-
ated and interesting. Kahaunaele
IL I