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page, Aafive version, 143d English, 1st andniaai, Judge of the inferior court, here spoke
2d par.; and George Cope, you will payfio Mr. Judd, mho observed to the court,)
which Morgan may have
against you for your ill treatment to nm.cision, wishes mc to read to the jury what
(Such is the testimony.) Ii(hey arc to decide upon, I suppose however
Re at on t of Inferior Judge for Fining of
One of the Judges who ha? furnished this dc
I . 1 . . . I
they arc to decide upon, I suppose however
it would be better to do so after the testimony.
Mr. Gillespie or Mr. Bogardus. Mav
"" w,Mt t . i i .. ...
James Crar and George Cope; and these!! oeg 10 asK wnctner mat was written previ-
are me J-awt or which we ueiena urgaous 10 me sentence ueing Given, and in
Decision lloresenceof the men?
Mr. Judd Addressing himself to the jury Mr. Juno. He has written his reasons forB
Gentlemen, you will take notice of this law 31
the 33d Chapter of the Hawaiian statutes
(whose translation into the English has one
paragraph left out) the law (1 say) was
made shortly after the unfortunate occur
rence which has been alluded to by the
American Commissioner, the attack of the
British Consul on Mr. Jarvcs, in order to
. i .1
wie uecision since tne appeal, and on nc-
count ot the appeal, because it went to im-
I 1 mi .
pugn nis uecision. i nc notes were taken atis
the time. After the testimony was taken theK
Judges retired and gave their decision thels
Mr. Gii.LEsriE or M. Bogardus. I un
derstood that was written before.
Mr. Brown. Is tho case to go before the
F. Manixe. I don't recollect.
Mr. lirown not having any more questions
to ask this witness, he was dismissed.
IIalai, Judge of the Inferior Court called
Mr. Brown. To Mr. Judd. Will you
ask him whether George Morgan the person
whose evidence was taiten, was sworn upon
Halai. Through Mr. Judd. No, he wasl
nlaee in the hands of the iudffCS some ad
ditional discretional power. (Reading.) "Infiiury
the 33d law, 132d page, sec. I, of the Ha-w Mu. Judd. Do you wish to address the
teaiian version: ' But if the Judge per-jjjjury?
ceives that although the injury is not greatM Mr. Brown. I wish to address the Judne.
there being aggravated circumstances, on ac-m To Mr. Chamberlan.) Now I want you to
OFFICIAL JOURSAL OF TIIU HAWAIIAN
HONOLULU, SATURDAY, MAKCII 29, 1845.
The Montreal, from Boston, arrived ofl
our harbor on Sunday last, at day break.
Her ensign was noticed to be half-mast, and
various conjectures began to circulate
through the town, when William Richards,
Mr. Brown. Now tell the Governor thatBEsq.jII.H.M.'s Commissioner to the U.States
I leave it to him to say whether he as ovcr-j . v,ttt.nnt, , rrivnl tin ho l
seer of the Inferior Judges decides that thatw , . , i i i i i , .
was a fair trial and a trial according to theaa,,u v - fu
Hawaiian laws? fedirectly to the palace, where he immediately
Mr. JuDD.-TheGoverner asked him(foi)8?made known to their Majesties the melan-
why he did not swear the man and he says0choly news of the death of his fellow Com
missioner, Mr. T. Haalilio, who died at sea
on the 3d Dec. ult. The sad intelligence
soon spread over the place; the flags c-f the
men of war, merchant vessels, the consu-
that he Morzan was there as a person com
Igplained of. He never swore a person in
such a case.
Governor. By Mr. Chamberlain.) That
Mr. Brown. This shows the system under
which we live!
count of vrcmcditation or on account of lejstell the Governor that all this trial which
peaceable character of one parlu, or on accountllh been read here before (the Court.) 1
of the aggravatad nature of the transaction, tegf protest against as having been contrary to
then shall hate power to increase the fine up$lQ laws of tho land, and therefore ounht
to fifty dollars." That is. the law by whichjinot to have been brought before this Court.
james dray anu ueorge vupu wurw cuii-hihc man siuuus nerc ac novo, tic stands
demncd." The Judges also allude to thefcjherc for the first time. He ha3 never been
3d page of the law sec. 3, by which it isEtried yet. I wish you to state also that the
tated that the laws are for the protection oflGovernor by his prerogative or power (is so
men's persons if the injured party complainU;acfd.) that he shall preside over all the
Constitution the law shall protect cvcrySces executed. That therefore it is his dutyfS slalemcnt J ulL
man who is injured without fault. It shallSffto see that they judge according to the lav.p, Bogardus. W
protect all men who are attending to thciriWell, now 1 come to the point that this tri-fc'nterPreter?
own business. All men who in jure the Gov-Sal has not been according to law. It (flfc-sj Mr. Judd. It is not their rule.
ernment or the people, shall be punished. wng up the record of the trial beloiv.) saysW
But the laws shall (not) be enacted to favor here in the first place that the trial has been
one party, or injure another. There is also (according to law. jjut
another law of similar effect, in the second tit (the law) goes on afterwards to say, that
page of the book, 2d section, (Hawaiian rcr- they shall be brought face to face. "If a
lion.) The persons of men arc protected; ginurn come f award upon the trial of an im
their lands; their enclosures, and theirSorfl case he shall not be allowed to teslifu
property. The laws protect them nor shallRtmu he has taken his oath (or affirmation) on
they be taken away contrary to law. Anumne worn oj uod to speak the whole truth with
Mr. Judd Cope who entered the com-glatcs, batteries and other places, were immc
plaint complained of Morgan as well as thegjdiately lowered to half-mast as a general
(.)t llC TS aw v -v ti o i s-t rt rC dtrttinKr n f t ) i Sh tlfif inn's
Mr. BoGARDus.(n7it, . Morgan) was thegGreat hopes had bccn entertained both
among Hawaiians and foreigners, ofthe good
results that would ensue to the kingdom from
the addition to its councils of one of so in-
Mr. Judd. There was a dismite be
I WM .
twecn them. (Each party accused and icaIte,,!Scnt a m,nd. stored as it was with the
accused in turn), and he was obliged to hear&fiuits of observant travel, and the advan
tages derived from long and familiar inter-
hy did'nt he swear thejScuurse in the bcst civdes of Europe and the
H ,r T ... ... kUnited states A numerous band of person-
Mr. Brown. Ask him why he put downiL , . ,. . . A ....
George Morgan's testimony on naner nnlessS"0111 U1S ean,esi '"course oy nis sincerity
it was necessary, and if it was necessary,
why was he not sworn ?
in the 30th chapter, 14Gth page, (Hawaiianawhich he is acquainted, ajlcr which he may tes-
the first (part) ot the 5th par-Jgftj to what he knows" But the word oGodp
agraph. there is a statute in regard to beat
ing or assaults, and also of murder. Mr.
Judd adverting to that law said: This para
graph is of similar import, protecting persons
with great strength by the taw. We think
that this last statute has some reference to
the case of George Cope; for George
Cope and Jim Gray beat Georgo Morgan
with premeditation; with preconsent they
went to beat him, because of George Cope's
anger to Morgan; and therefore George
Copo sought for the means of conquering
George Morgan, and George Cope indu
ced Jim Gray to go with him to aid him.
They two together went to beat George Mor
gan, and Jim Gray was willing to abet
George Cope; and in going to beat George
Morgan they were guilty of a misdemeanor
where they two, Jim Gray and George
Cope, are alike guilty; and we consider
Jim Gray to be the aider and abettor of this
misdemeanor. We consider that they arc
fineable by the 132d page (. version) of the
laws, 1st and 2d par. We request that it
Mr. Chamberlain. He (the witness) says
he Morgan was not sworn because he
merely gave in his testimony before-hand,
and there was testimony to be taken after
f Ti "! 1 . . r . i
iur. jvicokd. complainants lot me same
description) arc not sworn in the U. S. of
Mr. Bogardus. They are, sir. If you
knew any thing about it you would know
Mr. Chamberlain. (After listening to a
M 4i n v f vfl d Li i h J.v. 1... j.. r.JM. T T !
Si am not sufficiently conversant with their
Iterms to catch the whole idea at once. He
(was not used) (The) 171 page ( English ver
sion) Regulation op courts also mentions
that 'if a man be brought to trial for anvil
- -i-.r iii , v.if
munncr oi pj ence ana ne aesire a juru one snail
be allowed him. But in this case Geonre
Morgan the principal witness against this
man was brought before the Inferior Court,
was not sworn, and gave his testimony with
out Deing sworn on the holy JBible. And that
the Interpreter who interpreted to the Judg
es what George Morgan said and the other
witnesses, was not sworn to interpret cor-fftried if nn nriso nnH tsifV
irectly. Of both these lacts I have goodll jir j).nn mnA mnvh
lZCJVZi ulmrd d with regard to the custom
y; :.uT;u :L ; ,c FuW-Bo the Police courts in the United Statei . ,
...c..u.u,.uui.u,. LMv iiiiiiio qua8njcfflW, tmiar i0 ihe one under consideratio
the whole of the proced
toriar .1 iwlaoa Anrl thnl if hn will ho thnii J CT '
" C " -v. ..... .ivm Iliv-M , T- If.. . I . .
evidence which-1 can bring to prove what IH "nors rnenng io wnat nan been said
ssaysthat he has acted according to this !c
I" When a thing of great importance is to
have stated I am ready to bring it at once
for him to decide upon the point.
Mr. Jupd. As far as he knows he is not
aware of any reason why he should inter
fere at all in the matter. You can produce
your xctlnesscs) to prove these things if you
l i i : i t ..
may uq rvau anu consiuercu on. as tnnt is
the rule by which we have sentenced thefjplcasc.
fine. We do. not fine them according toH Mr. Brown. I wish to do so because theil
the 39th (. version) law against drunken-WJudge says this is a case of appeal, and that
ness, which was enacted (in) the year 1835, lithe person who now appears here appears as
because Jim Gra and George Cope wereraplaintift. I contend this is his first trial by
not drunkards, going about riotously, beat-lfithc laws of the Country. In the first place
1 ...1 il ! ... .. . IN. . . . .... .
ing whoever they fell in with; they beat no
one else, but went directly to the placo oi
George Morgan, as they had agreed, and
made themselves ready to do, for the purpose
of beating him And therefore we don't
fine him according to the other law against
drunkenness and common riotous conduct
towards any person indifferently. And in
the assault of George Cope and Jim Grav.
the life of George Morgan was saved by the
1 A . IITII . . . .
inienurence oi vviuiam, and ot Jim Smith;
and that is why he was delivered. We
think that the good fortune and escane ot
George Morgan was great; and in conse
quence ot that interference, the injury medi
itated against him by G. Cope and Jim Gray,
was materially diminished. These are the
considerations which have (induced us to give
our decision.) By this transaction, the right
which Morgan had was infringed upon. The
protection of his person was taken from him
(he) being beaten without cause, (and) this
iraigni is wnat) no was brought (to) by the
til treatment of George Cope and Jim Gray.
loey may think themselves as having come
of well, that they are not moro severely pun
ished, (according to the laws,) (which) allow
them to be fined (as high) as $50. Other
laws (which) wo have not cited, allow a fine
of $100. But we have not acted upon those
laws. We have not punished theso men in
soger, or with a wish to do wrong or to act
nan. c ve aone u witn due re
gard to their interests. The laws have com
pelled us to this decision. (End of the roJ
vi ju jvrut up iac mjerior juages.) (JUr.
ic might have (had) a jury if he chose. He
never was asked (whether he wished one,)
whereas being an important case he ought to
have been. And secondly the trial was not
tSaccording to law.
Mr. Judd. There is a limit with regard
Cto new trials.
Mr. Brown. I don't know the appeal was
made at (the) time. What I demand of the
KGovernor is to decide whether this case wasRsworn, and the witness shall not be swornjgWe say untimely
fetricd properly. This is in his power. ThisEthat his evidence is true. We are certainlyKr i
His an appeal. I wish Francis Manine to bealiving under queer laws ! K secetn
of Morgan's not having been sworn, id):-1?0 hpe whcn n the CVe f lt5
of manners and peculiarly affectionate de
portment, were earnestly looking to welcome
him home. But above all, their Majesties,
his intimate friends, the Governors, the oth
er high chiefs and his widowed mother were
awaiting his arrival with an earnestness of
hope that the deepest affections of the heart
can alone produce. The last tidings from
him had been those of health. He was then
soon to embark, and his speedy arrival to
the shores and friends he loved so well, was
anticipated without a doubt. So unexpec
ted a termination of his existence, after hav
ing escaped the dangers of long and trying
journies and voyagings, while as it were, on
the very eve of again treading his nativo
land, brings with it more than common
auguish. It is not for us to lift the veil and
expose the scene which ensued at thepalaco
upon the communication of the tidings. The
whole court were there assembled. Those
who had been suddently deprived of their
want to know whether this isaccording to Sencc can alonc est,mate the bereave
law. I want to have a fair understanJingJmcnt.
about those things. II it js satisfactory to know that every at-
Mr. Chamberlain. Tho witness, (ani)gtention affection or sympathy could suogest.
" ' . " I.- h "muc tt 8lulc- "as afforded the deceased.
UIVIIV Ul ft. kl V UUOti
Mr. Judd. Is it your custom to swear the
(Halai answered in the negative.)
We know they don't swear (them). I know
that. That is what 1 want (to prove). 1 want
to show that is how things arc conducted in
those very Inferior courts. Ask the Govcr
nor whether the ttial was according to the
printed laws of this country.
LI . A .
Mr. Chamberlain. He says it was ac-H as ever al n,s bed-s,(lc- Uur readers will
cording to the laws. EM)e au'e t0 glean from the brief memoir which
Mr. Brown (to Mr. Bogardus). Put thatKlolIows tn's prepared by Mr Ii. some fur-
vdown. That the interpreters shall not hnlther If! SI cr lit into hi lif inA tititimolir frA
------ - - - uiiiiiiivii viavft.
but man sceeth not as
Previous to our
own departure from the United States, we
were a witness to the deep interest and re
spect which Mr. Haalilio received in the re
fined society of Boston. But our already
crowded columns will not allow us further to
dilate. From Mr. Richards he received in
pall stages of his journey the most unremitting
Pcare, and towards tho close of his life he
Here a question was put bu Mr. Ilicord to
BMr. Lhambcrlain who Mr. Brown had provi
1 j 1 . . . ... .
tided as his interpreter, as to whether ho ),rarank, and much esteemed.
) f3L. ifi i nt B...t u .
J Rt""' 0llv,n' u siwti pause ur. tViam-w w "e was quite young, and
eterBi..;;.. 1 i'jl - .. In . J
.Ww.u. UM r(. MMuwnuum repnea in lAeifmother subsequently married
' llnegahve. And on Mr. Ricord's askinr MrAl ,.r tit .1. .. . .. , ,
gut .uuiunui, an lsiana oc
(Francis Manine having been sworn.)
Mr. Brown. What is your name?
H T ft
iriuNCis 1UANINE pronounceu nu name
Ms. Brown. Did you act as Interpr
in the case of Morgan vs. Cope and Gray
Mr. BMwWto lkd upon vou to act; 0moerum Mtr he nould be then ,om.
F. Manine. Tho Judge. II Mr. Brown. It is better he should be
Mr. Brown. Were you sworn upon theJtsworn- I have no objection to it. I broueht
1 1 ti ......- ml: 1 p... "
noiy jvanguists to interpret correctly?
.t.JManine. (Jo air.)
Mr. Judd. Did you interpret correctly?
F. Manine. Yes Sir.
Mr. Brown. That is another thing, We
may have no doubt about that.
Mr. Judd. I wish it to be known, as he
is upon oath now.
Mr. Brown. Perhaps wc may cet alone
without the evidence of Morgan. 1 believe
it was acknowledged that the evidence of
Morgan was not sworn to. ( To Manine) Do
you remember whether the first man brought
lorward was sworn f
him here for my purposes.
(Mr. Chamberlain said he could only inter
pret according to the best of his abilities, whirl,
1 1 v. . . ...
ne endeavored to do, and would for the future.
After a few remarks on the same subject, he
was duly sworn).
Mr. Brown asked whether the party before
the court was accuser or accused, I
Mr. Brown. I wish to know whether hJ
is defendant or plaintiff.
Mr. Judd. Plaintiff on appeal, comnlain
ing that he has been unjustly punished.
VHaalilio was born in 1808, at Koolau,
Oa! a. His parents were of respectable
His father died
pendant on the
Governor of Maui. After his death, she re
tained the authority of the island, and acted
as Governess for the period of some fifteen.
At tho age of about eight years, Haalilio-
removed to Hilo on Hawaii, where he was
adopted into the family, and became one of
the playmates, of the young prince, now
King of the Islands. He traveled round to
different parts of the Islands with the prince,
conforming to the various heathenish rites
which were then in vogue. From that peri
od he remained one of th mnit intim&tft
companions and associates of the King.