The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-09-20
WHEN MARRIAGE WAS
NEW TO HAWAII
NATIVE TESTIMONY IN KUNIA-
IKEA CASE REGARDING SOCIAL
CONDITIONS IN OLDEN DAYS.

Delvmg into records and testimony
regarding the marriage laws and Gus
toms i'm Hawaii half a century ago,
Judge Robinson and j. j. Dunno as
amicus curiae, this morning listened to
lot of native testimony shedding light
on the conditions that existed during
the fifties, and from one witness they
drew forth the statement that living
in adultery was more common than
lawful marriage, in those days But
it was beginning to be regarded as
wrong, and arrests were frequent.
The case under hearing is the mat.
ter of the estate of Mary A. Kuniakea-
The diseased left about $4,000 worth
of property and a score of claimants
came forward Evidence was adj
duced to show that she was illegite-
mate and that none of the claimants
were lawful heirs, in which case the
property will escheat to the Terri
tory. After hearing all the testimony,
in which there was considerable per-
| jury indicated, Judge Robinson some
weeks ago declared that the evidence
did not appear satisfactory to sustain
any judgment he could give, and he
| asked Dunno to reopen the matter, as
amicus curiae, and supply further tes-
timony. "a 4
The testimony came this morning in
the shape of statements by Sam Kuu.
Kuu was at one time a noted leper-
catcher of the Board of Health, and
he was acquainted with the father and
mother of the deceased Mary Kunia-
kea. He declared not only that they
were not married, but that they had
been arrested for adultery and the
husband" had been convicted. 1t was
while under cross examination by S. H
Derby, who represents some clients
that Kuu told of the marriage Gus
toms of fifty years ago.
MANY people lived together with
out any marriage" he said, and il
was generally regarded as the same as
marriage. They were called husband
and wife. This was after the marriage
law. l think that was passed before
was born, because 1 can remember
that it was always talked of when
was young"
w DIS not the eNlSlGllCG VI d llldl
riage ceremony the exception rather
than the rule?" asked the attorney.
81 don't know how many were mar
ried but think So"
Judge Robinson asked if persons liv
ing together in the relationship des
cribed We're generally recognized al
husband and wife, and the witness
replied in the affirmative. BY goinl
into the terms of the Hawaiian Ian
guage the court and Dunno brough
out the fact that the community wa
= beginning to regard it as wrong, un
der the teachings of the missionarie
, and the influence of the marriage Law
that had been promulgated. Tn
word mali for marriage had scarce
ly been invented, but "moehewa" o
wrongdoing. was applied to the in
formal marriages. Kuu strengthene
the case against all the claimants b,
declaring that he had heard that tern
, applied specifically to the parents o
, the deceased.
= In reply to a question by Derby
who was seeking to show at least
t common law marriage, Kuu said tina
t the relationships informally establish
ed by the starting of homes withou
marriage ceremonies, usually Taste
until one or the other of the partie
died, "Or was arrested" as he added.