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Such proceedings as were witnessed in the Court
Room, in the late caso of appeal, commencing on
the 28th ult. and terminating on tho 3d instant
have for some timo past been foreign -to those
walU. Since the establishment of thu judiciary on
its present basis, the courts have hitherto born re
gpected by foreign officials, nnd the authorities
treated with the decorum due their stations. But
it was reserved for George Brown, Esq, the Com
missioncr of the United States, in the prusence of
and sustained by two officers of the U. S. Frigate
Brand) wine, to act a scene nhich niude a deep"im
pression upon every spectator. Ah soon an possible
as complete a synopsis as can be nnde will be -pub-bulled,
taken from the stenographic notes ol the
sworn reporter of the court, fu the meanwhile a
full manuscript copy will be sent to the Government
of the United States, and tho'cxtraordinary assump
tions and menacing deportment of Mr. Brown made
the subject of a solemn und indignant protest.
T 11 i ; p.O L Y N KS IAN.'
On Tuesday last, the newly elected President
of the U. States was inaugurated, at Washington.
BY A U T II 0 U I T Y .
CoifHT Room, Fort, )
Honolulu, Oahu, Feb. 23, '45. 5
Before His Excellency M. Kehi'.vnaoa, Chancel
lor of Oahu, assisted by Hon. G. P- Junn, and J
Ricohd, Esq, II. II. M. Att'y General.
JAMES GRAY, Plaintiff in Appeal t vs. THE
This was a case of appeal from tho decision
of the Inferior Judges, who had fined James Gray,
a seaman of the U. S. Frigate Brandywine, $25,
for an assault upon George Morgan, a British sub
ject, resident in Honolulu. The line having been
paid, and the deposit of $25 made by the U. S.
Consul, in conformity with the statute, a jurv
of sixteen foreigners was drawn according to law,
in the presence of the Consul, and having been
summoned together with the witnesses, were in
James Gray being called, appeared and declared
that the Hon. U. S. Commissioner, G. Brown, Esq.
the L. Com'dg Marines of the U. S. Frigate Bran
dywine, A. R. Gellcspie and A. R. Bogardus Esq.,
Secretary to Com. Parker were authorized to act
as Counsel in his behalf.
The Court having fully convened, six jurymen
answered to their names in the order of the array;
on which the Commissioner of the United States
Mr. Brown arose and asked, among other ques
tions 14 Is Morgan, the accuser, an Hawaiian
subject ?" Answer" No." He then made cer
tain desultory remarks, and put another question to
the Court : " Are the Jury to be composed in any
part, of Hawaiian subjects ?" This being recorded,
the answer of the Court was also recorded and
read, as follows : " It has already been decided
by this Court in the caso of Estate of Greenway vs.
Charlton and Skinner, that foreigners owing allegi
ance to His Hawaiian Majesty, are not on that
account any more disqualified to sit as jurors than
those owing allegiance to H. M. the King of the
French or any other sovereign. They are, for the
purposes of the statute, considered as foreigners,
to wit, haole.' "
Mr. Brown protested against that decision as
contrary to law and contrary to justice. His objec
tion was not to color he had as much confidence
in many who aro pure natives as in some who have
taken the oath of allegiance. It wus from prin
ciple that he demanded that they be stiickrui from
tho jury; and that if the laws were not carried out
in their true spirit, he would hold the Judge and the
Government responsible. Much was said on both
sides, although the Commissioner was allowed in
courtesy to occupy the floor most of the time.
After he had concluded, the point relilivo to the
jurymen was decided: That they will fit on the
jury: that they arc foreigners, but not aliens:
they are not natives. Mr. Bogardus remarked that
it was difficult to define what thoy are, when the
Court pronounced them to be jurymen. On which,
Mr. Brown wished to have his Protest recorded,
and made it in the following words : I protect
against Mr. G. Rhodes' sitting on the jury."
Six jurymen were now sworn, viz : G. Rhodes,
E. H. Boardman, R. W. Wood, George Pellv,Thos.
B. Rendols, James Austin.
Six more jurors were next called to the stand.
Mr. Brown protested against Mr. J. R. von Plis.
ter, on tho ground that he has taken tho oath
of allegiance and is an officer of the Government.
Mr. von Pfister stated on voi dire that he had taken
the oath of allegiance, and that ho held on office
under the Government, but was not connected with
the Judiciary. Tho Commissioner likewise oh
jected to Mr. L. C. Gray, on account of his having
taken the oath of allegiance; and, uftor several
remarks on various matters, he stated that he had
no other objection to the jury than the technical
one of allegiance. His objections were overruled,
nd the remainder of tho jurjmcn wero sworn, viz:
J. R. von Pfister, James Makee, Daniel True, John
Ladd, L. C. Gray, Win. Baker, jr.
Tlu lT. S Commissioner then made a varietv
of assertions, which together with the replies and'
interlocutory conversation, were reported at length
by C. G. Hopkins Erq., an accomplished Monogra
pher, lately arrived from England, and employed
on this occasion, by the Court. To this report,
made under oath, the public attention will be in
tiled lor minute details of a tiial only important as
it reflects upon tin; conduct of the officers of the
United States engaged in it.
. The trial was continued on Monday, March S.
Aflor the examination of thu witnesses, Mr. Brown
addressed the jury for some hours, which was taken
down veibatim by tl,c Clerk. The following charge
being given, the jury retired and brought in the
verdict given below. It will be perceived that the
question of the formality of the Inferior Court was
not before the jurv.
Charge to the JuiiY. Vou are not sitting
in judgment on the trial had before the Inferior
Judges. This is an appeal from a fine imposed b
them for an offence charged before them. The
same offence then charged, is now under considera
tion by you as an offence against the public peace,
not as a matter of private damages between parties
for which the statute makes no provision. The line
belongs to the public Treasury, und not to the party
acc user. Such a complaint is a matter of which
the Courts of the country will entertain jurisdiction
upon the abstract duty, 6f protection.
The question before you is simply has the party
who was fined by the Court below, been guilty
of the offence under the statute for which he was
fined. The Court overrules tho laws of honor so
called they have never been enacted by the Legis
lature of this country and takes the responsibility
to teach that they have no relevancy to tho ques
tion whether the public peace was broken by Grav.
Jn like manner the Court charge that drunken
ness is no excuse to Gray for the disturbance of the
As to the right of Gray to be guilty of a breach
of the peace, that of course is always subject to the
punishment awarded by the law. When a man
violates the law, he does so under tho penalty an
nexed to it; and it is only for you now to inquire
has Gray been guilty of a breach of that particular
law or not? If he has been bo guilty, he will be
punished according to that law within a certain
discretion given to tho Judge by the statute. That
discretion will be exercised by the Governor on this
appeal, on his responsibility and that of His Majes
ty's Government, if on further appeal to the Su
preme Court it shall be reversed.
The questions of law raised by Mr. Brown, do not
affect the simple question you have been empan
nelled to try. They have been already decided on
the responsibility of this Court, and if need be, His
Majesty's Government is prepared to defend them,
after they shall havo been affirmed by the Supreme
The testimony is before you, gentlemen, and in
that matter or in its application to tho verdict you
are to give, the Court do not wish to guide you.
But it is incumbent on the Court to state that it
appears to them that thero was such a public breach
of the peace as Gray was fined for below. Of this
you are however the sole judges; and you arc also
the judges of the law (i, e.) the meaning of the law
which the culprit was charged with having broken,
so as to know whether the culprit has been guilty
of its breach. The amount of the fine will be de
termined by His Excellency the Govcrnor(pagc 177.)
For any violation of the law by the Courts of pri
mary or secondary jurisdiction, this Court refers the
appellant to the Supreme Judges, whose decision
will bo the final decision of His Majesty's Govern
ment, for which tho Government becomes respon
sible perhaps to that of the United States.
You are expected not to separate until you have
agreed upon your verdict, and not to hold conver
sation with strangers to the matter before you, nor
with those who havo any rosultingexpectation con
nected with it. The law under which the oflendur
was fined is given to you for your guidance.
The Court further charges that if Gray was a
particeps criminis with Morgan, they are both
liable; and the fact that Morgan is not proceeded
against, does not discharge Gray.
VKniMo r. In this case the jury are of opinion
that James Gray has been guilty of a breach of the
peace under tho law (chapter 33) respecting as
saults. But taking into consideration that he has already
been subjected to imprisonment and to a precipitate
and informal trial before the Inferior Judges; and
taking further into consideration that ho was not
the principal aggressor in the riot, recommend to
the Court that ho bo punishable by a light fine.
R. W. WOOD, foreman.
JOHN R. vov PFISTER, leaving out ll.e word
'Mo a precipitate and in
formal trial" conoid
.ring my opinion m this
particular not called for
by the charge.
WM. BAKER, Jn. in full making no exceptions.
JOHN I. ADD, "
DANIEL P. TRUE, trial illegal.
THOS. B. R UNDOES in full-making no exceptions.
E. H BOARDMAN, substituting illegal for informal.
J. MAKEE, Mihstitiiting illegal for informal.
JAMES AUSTIN in full (though not required.)
(1. RHODES exception similar to J. 11. von Plistcr.
GEORGE PELLY " without precipitation."
L.C.GRA V- ' without a precipitate and informal trial."
T K A NSI.ATtON.
Four, Ho no m: )
March I, IS 13. J
Judgment. I have considered the words of the
Jury in their written verdict agreed upon, in tho
case of the appeal of James Gray, an American
seaman, for a lueach of thojoace in violation
of the 33d law. The ollence of the said seaman is
clear to me, and therefore I cannot reduce the fine
imposed by the Inferior Judges.
This is my judgment passed on this case : That
the tine of $25 imposed on James Gray is confirmed;
and that he justly loses-the $25 deposited to pay
the expenses of u jury. By ine the Judge.
(Signed) M. KEKUANAOA.
sii 1 111 sa i n t i : fiLiG n n : n
FOR THE PORT OF HONOLULU.
Feb. 27 Am. whale-ship Hannibal, Brooks,
New London 17 months; 1800 whale.
Feb. 23 Am. whale-ship Courier, Merchant,
New Bedford 28 months; N00 sperm, 11(10 whale,
2000 lbs bone. Trident, Black, New Bedford 25
months; 2100 whale, 20,000 lbs. bone. Bq. New
ton, Slocumb, New Bedford 15 months.; 1500 wh.
Barque Harvest, Taber, Fairhavcn IC months; 1200
whale, 00 sperm. Norwegian barque 17th of May,
Crawford, 15 months; 700 whale, 25 sperm, 0000
March 1 Br. schr. Thomas Lord, Suwcrkrop,
Society Islands 28 days; mdze to captain.
March 5 Am. Sch. Hannah, Chcovcr, Hon"
Kong 52 days. Whale-ship Bowditch, Lane, Provi"
dence, 19 months; 750 whale. Otfand on. Ann,
Leek, 18 months, 180 sperm (incorrect probably)
oil' and on. Bremen whale-ship Clementine, Jlel
ken, 14 months: 1400 w, 400 s, 12,000 lbs. bone.
S A I L E I) .
March 4 Fr. whale-ship Asia, Lemasson; to
cruise. Am. whale-ships Hoqua, Brown: and Fan
ny, Edwards ; to cruise. Barque Monmouth,
Hedge; to cruise,
March 5 Am. whale-ship Brngana, Waterman;
to cruise; Bremen whale-ship Bremen, Gcerkin; to
cruise. French whale-ship Neice, Fremont; cruise.
Eng. whale-ship Java, Allen.
March b Am. whale-ship Gold Hunter, Wood;
March fi All wh. ships outside sailed yesterday,
except Bremen whaler Clementine.
ON Wednesday Next, tho 12th instant, will
be sold at Public Auction, at the Government
Store House, adjoining the premises occupied bv the
Agents of the Hudson's Bay Company :
Hand Pumps, Bloc ks, Harpoons, Old Cordage,
Chains, Old Iron, Flour, Arrow Root, Medicmo
Chest, Crockery and Glass Ware, China Matting
and a great variety of second hand articles of table,
household and ship Furniture, &c. &e. &c Terms
ttt mlG- WM. PATY, Auct.
A LL persons are invited to show cause before
XlL tho undersigned Judge of Probate, at the Fort
of Honolulu, on Wednesday the 12th instant, at 10
o'clock A. M., if anv thev'have, why the last will
ami testament of GEORGE WILKINSON, late
of Honolulu, now deceased, should not be admitted
to Probate, and Letters Testamentary granted to
the Executors therein named.
Kukala Hooponopono Hooilina.
1 HELE mai mi mea a pan imua o'u o ka
-J Lunakanawni hooponopono hooilina ma ka
Papu o Honolulu i ka la 12 o kcia inalama( Wcnedo)
bora 10, e hoikc mai ina he kuiau ko Jakou e hoolo
ai i ka oiaio o ka palapahi kauoha Hooilina a
GEORGE WILKINSON (Keoki Alapa) i ka mea
I make no Honolulu, a e hoole ai ka lilo ana o ka
palapahi oihana i ka poo Luna i oleloia'i maloko o
ua Kauoha la m. KEKUANAOA.
Memorandum of floods
TTUST RECEIVED; per the "Nepaul," from
tJP London, nnd for sale bv GEORGE PELLY
and GEORGE T. ALLAN, Agents for the Hudson'
Carpenter' A.lzs. Shell A injurs, Brad Awls, Hue nnd
white l.asins and sonp drainers to match, green Baize,
Earthen ware Mop Basins sugar nnd milk, brass Bed
Mends with inoscheto curtains complete, Day & Martin's
hquid mid paste Blacking, blue Stone for linen, Wine
.utiles. Wellington and Hessian light Boots, India rub
ber and cotton braces, bolts for tloors, snatlle nnd doublo
rem bridles, brushes cloth, hair, tooth, show, wh.-wash,
and horse; buttons mother of pearl, shirt, patent metal,
and white horn; imitation wax candles, j. fated candle
sticks nnd shades for do., cloth foraging cups plain nnd
with gold lace bauds of nil sizes; handsome dressing
cases, cut glass salt cellars, paring and mortise chisels,
oil cloths for rooms, ladies' superfine cloths, table cloth
and table covers, superfine dress nnd frock coats latest
fashion, silk and cotton frock coats, brass cocks nss'd
sizes, combs dressing, etc. etc. etc.; best velvet wine
corks; bin,; cottons, prints, regattas, and bleached and
unbleached long cloths, flue book nnd printed muslins
nnd l.stopclliis, India rubber capes, sets of block-tin
dish covers, sets of dinner nnd tea crockery, plated and
lacquered liquor nnd cruet stands, decanters plain nnd
cut quart und unit; blenched din per for toweling, fine
white dimity, lmcn drill white und brown, pieces blue
and white flannel superline and second quality, blk silk
ferrets for shoe tics: hand, cross-cut, and pit-taw files,
sudors' Guernsey frocks nnd thick, copper and bras
gauze for safes, wine glasses of nil sorts nnd latest pat.
loi ns, toilet glasses, spike and assorted gimblcts, window
glass, gridirons large nnd small, ladies' and gentlemen's
silk, cotton, and kid gloves; socket gouges, twilled cot
ton dressing gowns, percussion enps, finest cannistcr
powder, kegs gunpowder ( lbs. each), Handkerchiefs
silk and cotton, for neck and pocket, hasps and staples,
black nnd white benver hats (latest fashion), hinges
iron and brass, ladies and gentlemen's silk hose, do. do.
cotton hose nil sizes, bleached huckabuck for table
cloths; ,,,e ilotl p,.ai iUI, MIH,rfie t.p,h jackets; flat,
bolt and hoop iron, smoothing irons; plane irons double
and single all sizes, earthen ware jags, wrought iron
tea kettles and cast iron p,,ts, double n'nd single blade
pocket knives; table knives and forks, first quality; gold
ace. lor caps; lace, for ladies' dresses: Irish linen,
Diltc b ovens; locks-pad, brass case, door, desk, cup
board, ete.! lini S. of nil si7es n-rnmrlil
needles, sauce paiis; Osnflburghs, for bagging; oval and
round tin pans, in nests of t each 5 frvingpnns, large nnd
small; silk parasols, best English perfumery, clay pipes,
mixed nnd diamond pins, sailors' hook tin pots; earthen
I ware, tea rim I INii:im:i m.iil i.,., nml ... ... . r ......
. ' i. .i .iim uilirt I'lMS, VI vrj
handsome patterns; fancy quilting, black liair ribbon,
hvt English hog skin saddles; saws cross-cut, hand,
pit and tenon; fine and common scissors, cork and wood
st rews; siik sejge, for coat linings; shovels and spades,
plated spurs; duck sheeting, fr trowsers nnd light shirts;
men s and boy's white cotton, striped, regatta, blue and
red flannel; shoes- ladies' and gentlemen's light summer,
boys, youths, girls and infants, meu's strong bound)
gentlemen's common Morocco slippers, portable sofas;
soap -yellow, mottled, nnd best shaving; steelyards, to
wcigb troni: to Mno lbs.; white tape, ass'd sizes'; thread,
silk, and cotton, ot all colors and qualities; bed ticking;
tin, diuVrcnt sizes; Negro Head tobneco; trowscrs suuu
nier, sailors' duck, cloth and white drill; plain nnd cut
glass tumblers, earthen ware soup tureens, iron wheels
for trucks, summer vests, brass wire; very superior Port,
Sherry, and Madeira wines; pine-apple cheeses; best
Durham mustard, in bottles; best Carolina rice; Hod
sou's best pale ale, in casks and bottles; pickles, and
mushroom and anchovy sauce.
S. F. foolscap books, 1, 2,3 and 4 quires; S. F. fools
cap and 4lo post writing paper. 8vo memorandum books,
.lack and red ink powder, glass cone inkstnnds, pen
knives ot very superior quality, slate pencils, Perry's su
perior steel pens; broad, middling and narrow office tape;
boxes walers; slates large nnd small; best scaling wax.
Anchors for vessels of 3.-.0 tons; do. do. 100 to 150 do.,
sails do. on to 75 do.; double and single blocks, all sizest
Paint brushes; patent chum cables, complete; bolts pa
lent canvas, No. 1 to No. 8; sheathing copper, 32, 28, 24
and JCoz.; Nails for do.f sheet lead 'and pump leather,
copper rods nnd spike nails, sail needles, boat nails and
pump tacks, sail hooks and sewing palms, naiuts and
pitch; whale line, rone and rigging of nil dimensions;
ratline, deep sea and hand lead hues, spirits turpentine;
varnish black, bright and copal; seaming ami roping
twine, linseed oil, rosin, Stockholm tar, putty in 7 lb.
.ladders; and a variety of other articles not mentioned
in this memorandum. March 1
RT&ECEIVED per the English ship Nepaul,"
JU M, and for sale bv E. & H. GRIM ES :
120 pieces Long-cloth, 200 pieces English Prints,
40 pieces Orange Prints, 2 cases Drill, 100 lbs. Linen
Thread, 20 do, cotton Hose, It do. Day Hi Martin's
Paste Blacking, 00 Sad Irons, 100 galls. Enrli.sh
boiled Oil. " ,7,
JUST received, per brig Bull," ami for Bale
by E. & II. (HOMES :
I eases Silks and Satins, 12 cases blue Cotton,
21 Writmg D,.., 0 Dressing Cases, 13 Rattan
Chairs, "0 lollilli' llo.. ( nests I'mori'd niinhln.r
1 runks, 12 pieces red lldkfs., t,0 pieces blue hjlk do.
iooia tvnouur isii.-meiniors, on tubs Sugar Candy.
ALL persons indebted to the Estato of ED
WARD JACKSON, late of Honolulu, de
ceased, are requested to mak immediate payment
to the undersigned Administrator; nnd all person
having claims against said Estate, arc requested to
present the sumo for settlement, to the undersigned
Administrator, at his residence in Honolulu, within
si.Mv days fioiu this date, that payment may bo
made of them wholly or ratably, according to tho
amount of the assets of said Estate.
fr , ISAAC MONTGOMERY,
Honolulu, Feb. 23, 1HI.. Jldm'r.
r..-'0 n:t mea n pan i aio i ka waiwai hooilina p
EDWARD JACKSON, i ka mea i make iho nei mn
Honolulu, e uku kokc mai lakou ia'u i ka mea i
kakauiii malalo nei, i ka mea nana e hooponopono;
a o na mea a pan i aio aku ai ua waiwai hooilina o
hoike mai lakou i ko lakou aic no ka liooponopo
noia i ka mea i kakuuia malalo nei, inn kona halo
iwaena o na In bo kanaonq' mai keia la uku, i
hookaa bapni.i a hookaa loa ia pahu o like mo ka
nui o ka waiwai i loan mai noloko o ua waiwai
hooilina la. ISAAC MONTGOMERY.
Honolulu, Feb. 23, ltl.j. (Ml 7w)
Dissolution of Copartnership
fjnilE Copartnership heretofore existing under
JL tho linn of SINCLAIR & CO,, is, bf mutual
consent, this day dissolved.
JlCjN. B The business will in future be carried
on (at the obi stand) bv JOHN BARKER.
Honolulu, Feb. In, H5. (UwMl)
House nnd Sign Painting.
Fip HE subscriber would respectfully inform the
JL citizens of Honolulu, that he has established
himself in this town, nnd will be happy to attend to
their calls in his profession. By puncf uality, and
strict attention to business, be hopes to merit and
receive a share of the public patronage.
Jf-JN; R. His shop is in the immediate vicinitv
of John Voss's cabinet-making establishment
....... J' "' WINKEL.
Honolulu, March I, S.V
Cargo of the Ilrig Hull.
MUSTERS of the Cargo of the Brig Bull, from
China, are no-.v open for inspection, at the
store of Messrs. Lmm & Co.
Safins assorted colors, figuied and plain; Silks,
do. do. do.; Furniture mahogany, lacquered, and
Bamboo; Black silk Handkerchiefs red, yellow,
white, anil blue holders; Crape Bandas; Pongees
assorted colors, figured nnd plain; Moscheto Net
ting; Black sewing Silk; Shawls crape and silk,
assorted colors; Pongee Handkerchiefs fig'd and
plain, assorted colors; Ladies' embroidered crapo
Scarfs; Sweetmeats; Silk Umbrellas; Joss-Sticks;
Tea Congo, Hoolong and Souchong, in 0 and 10
lb. cattio boxes; Bamboo, mahogany, and lacquered
Chairs; Blue cloth Caps; Blu6 Nankin Pants; China
ware consisting of urns, settees, &:.; Camphor
Trunks; Silver Plate, in sets; Silver Card Cases,
Bracelets, necklaces, and silver Suspondur BueAleg
and Buttons; Silver Egg-stands and Toast-stands;
Silver Creiim-pots and Sugur dishes; Silver bottlo
Lnbels; Velvet Slippers, various colors; Shoes and
Boots; Embroidered Slippers; Beor London and
Calcutta, bottled; Glass Ware; Wine port, Sherry
and S.utcn.e; Turkey red Prints; Pilot Bread.
IIoihJuIo, Mart h I , s 13.