The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-13

marriage between the parties or sup.
/ port presumption of marriage from
! cohabitation and general reputation
| recognized by some of the reported
cases. The witness under the evil
dence in the record was entirely toe
promiscuous in cohabiting for ;his pre-.
| sumption to avail the defendant
EXPERT CONTRADICTION
| It does not appear that the defend
ant was prejudiced by the other rul-
ings of the trial Judge excepted TO
at the hearing of this question. for
! instance. the defendant was asked on
cross-examination IL he knew any
| thing about custom in China by
which n man gives to another man
money and receives in return n wo-
man" This question was objected to
as "immaterial." The objection being
overruled the witness answered IL
don't know any such custom" The
evidence given by the expert produced
| by the defendant showed that accord
! ing to Chinese custom a go-between'
! was usually employed to find out the
age of the girl and to arrange the de-
/ tails of the marriage, one of which
! was the transfer of a sum of money
! from the prospective bridegroom to
| the parents Of the bride elect. 1t is
! said that the money was to he used
| In the purchase of a pig and wine
and cake for the marriage feast. an
essential element Of every marriage
| according to Chinese custom.
WITNESS WAS COMPETENT.
The court seems to have given the
defendant rather wide latitude in his
3 tnt, 10. No
| of marriage and his compliance there
with. We are convinced that the wit
| ness was competent and that there
was no error in receiving her testi-
mony.
The exceptions are overruled.
Kinney & McClanahan for the pros
ecution; Frank Andrade for the de-
PENDANT.
FISHERY CASES CONTINUED.
Forty-four suits to establish fishery
rights, under provision of the Or
ganic Act relating to the ancient pro-
prietorships in sea fisheries, We're con-
tinued for the term by Judge DE Bolt
yesterday. This continuance Is owing
to the fact that test case in the same
category is pending in the United
States Supreme Court. Following are
the sections of the organic Act in
question, the suits relative thereto be-
ing for establishing vested rights
therein mentioned:
Sec. 80. That all laws of the Re-
public of Hawaii which confer ex-
elusive fishing rights upon any person
or persons are hereby repealed. and
all fisheries in the sea waters of the
Territory of Hawaii not included in
any fish pond or artificial enclosure
shall be free to all citizens of the
United States, subject, however, to
to vested rights; but no such vested
right shall be valid after three years
from the taking effect of this Act I'M
less established as hereinafter provid-
ed.
Sec. SO. That any person who
claims a private right to any such
fishery shall within two years after
the taking effect of this Act, file his
petition in circuit court of the Ter
ritory of Hawaii setting forth his
claim to such fishing right, service of
which petition shall be made upon the
Attorney General, who shall conduct
case shall be conducted as an ordinary
action at law.
"That IL such fishing right be estab-
lished, the Attorney General of the
Territory of Hawaii may proceed, in
such manner as may be provided by
law for the condemnation of property
for public use, to condemn such priv
vate right of fishing to the use of the
"A.
making just compensation. which COM
pensation. when lawfully ascertained,
shall be paid out of any money in the
treasury of the Territory of Hawaii
not otherwise appropriated"
Thus it will be seen that the out
come of these cases may cause Sc
rous drain on the Territorial treas
ury.
The proprietary sea fisheries were
grievance of the poorer native Hawai-
ans always up to annexation. For |
ong period antedating the Provisional
Government, there was not session |
IF the Legislature at which bills and |
petitions ito abolish konohiki fisheries
failed to be presented, but they never |
carried.
On the trial of one of the earlier
fishery right cases, II developed that |
some of such rights long exercised and
passed from hand to hand rested upon
l dubious foundation of legality. Old |
and grants We're brought from musty
archives which, though the reliance of
title to the sea fisheries joining the
and granted, failed to show that the
fisheries We're thereby conveyed.
THE ISLANDER SUIT.
The SANDER suit of Moses *. Naku-
ma VS.. Thomas G. Thrum continued on
rial throughout yesterday before Judge
Robinson. Besides the plaintiff, the re-
porter who obtained the offensive in
erview and the acting editor of the
Honolulu Republican at the time were
allied. When Mr.. Andrews rested the /
'ase Of the plaintiff, Mr.. Lewis moved .
or a nonsuit and Judge Robinson, to
enable counsel time for research OF au-
continued the trial until this
Mr.. Nakuina testified he was
prevented. by the influence of the ar
icle. from obtaining employment after
ais dismissal by defendant from the
position of deputy registrar of convey
inces II, +. Cooper gave evidence
Of he