The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-07-03

prove a revelation to the rest of the
world. The three blind men who con-
stitute the bar and Judge Nathaniel
who represents the bench had 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-
lua's tribunal. In fact SO we'll 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 leper. The Molokai
magistrates used to make trips to the
settlement but they tired of it, and for
years here had not been judicial Off
Ger near the settlement, until about u
year ago. Then, Governor Dole, list
ening to the pleadings Of the Terri
torys charges appointed Nathaniel as
magistrate Almost Immediately there
was a request for his removal. Justice
Perry finally had to investigate, but
he let things remain 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 SUI
perintendent was always a law unto
himself, and disposed Of all questions
without recourse to the courts. Judge
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
of number Of cases during his year
in office there were only two appeals
from his decisions.
It was these two cases that compell-
ed Judge Kalua to make special trip
to Kalaupapa. He was accompanied
by his clerk, L. R. Crook, by Attorney
Richardson of Lahaina and by Deputy
Sheriff Chillingworth who held a spe-
cial 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
interesting 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-
mua 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
fattening for use at luau. Someway
or other Kaunua's dog and the DAM
els turkey became involved In fight.
at the conclusion of which the turkey
was minus it's head. Mrs. Daniels
claimed that the dog had chewed 1t of,
but instead of shooting the dog she had
recourse to the majesty of the law and
the dogs owner, D. Kaunua, was ar
rested. Judge Nathaniel charged Ka-
unua with malicious mischief in per-
hitting this to happen, though 1t was
clearly established that the defendant
wasn't anywhere in the neighborhood
when the turkey lost its head. Kaunua.
however, was duly found guilty and the
court fined him ten dollars and costs,
which amounted altogether to thirteen
dollars. Besides this, Judge Nathani-
Ell in the same proceeding awarded the
woman four dollars for the loss Of her
turkey.
When the case came before Kalua,
Attorney General Chilling
worth moved that nolle prosequi be
entered. In the first place he said that
Nathaniel had no right to try the case,
he should have bound the defendant to
the grand jury, as district magistrates
have no Jurisdiction in cases Of mali
cious injury. And there wasn't any
proof of the malicious injury anyway.
In the second place the judge had COM
bined a civil and criminal action in one
which he had no right to do. So Chill
llngworth dismissed the case and to
make 1t all right with the prosecuting
witness gave Mrs. Daniels four dollars
to make up for the amount OF damages
which had been ordered paid to her.