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V:2 t ii i; i' u i. v n i: s i a n . Apna, CoLLr.cTiNc. The Knickerbocker tells the following hu rno r ous story: A ucntleman from New York, whn had court; will also tliiiik so ii' it is i epresonted (to them.) Thjye man was accused before the Inferior judges '' nlfindin'f) onanist irood ! ii minor, correct conduet, tho l.iws of this kingdom arid (of) disrespect to Kamehamcha II I., i:i that l.e went into n houe ami beat l. . n ......... C... . . i' .11 . . iji en in Liisii'ii I'M iiii him ;i !i.- iii toil' ' liiu; "im iim' u iiumv .mo oeil "Jrtrnii inniipv doe him i.-i fli-.f ritv u-rw h1w.hI 1 flllil ah'ISt'd .'1 IMilll. 'i ! : 1 1 is lli vIii!i iiiu, returning, when ho found that eme hill of'slDO j v, liieh : iim s before you. Tim epiostion had boon overlooked. 1 1 i lan.il. rd, v!m iiti Ir.? iN-cirlvtl lv you. ami 1 km w that all kricwthode-btor.th omdit ita ,..ubtfulo.Tse: , ''f 'f't. trentk'nien, hac too much sense. but added, that if it was collectable at all, a (altogether t - nnu-Ii seu.-e, to In the evi- tall, raw-boned Yankee, then diiiiuiaj a lodger in another part of tho ronisi, would "annov it out. of the man." Calling hiai up, therefore, ho introduced him to the creditor, who showed him the account. "Wal, 'Square, 't ain't much use try in' I guess, I knoii' that critter. Vmi rr;i'ht as well try to squeeze ile out of Hon monument an to e'leot a debt tJ him. Hut any how what'll you give s'pos'n 1 (': try?" Well sir, the hill is ft 10i). I'll give you yes, I'll give you half, if you collect it.' "'Greed!" replied the collector; "there's no harm in tryin' any ways." Some weeks alter, the creditor chanced to be in Boston, and, in walking u; Tremont street, encountered his enterprising friend. . "Look'e here!" said ho, "I had e-ornider-ablc luck with that hill of your'n. Yon see I stuck to him like a do.' to a roof, but l'unhe first week or so t won't no n not a bit! If he was at home he was short; if he wasn't at home, I could get no satisfaction. By and bye, says I, after oinj sixteen times, I'll fix you; so i sot down on the door xtep, and sot all day and part of the evenin'; and begun arly next day; but ah ml ten o'clock he gin in. Mo paid me my half and I gin him up the note." deuce brought before those j;;dro wf i-rli with yon. the first place the court was not managed iti the proper wav. In the sec-nd place the evidence was "not sworn if-) and in tho third place the interpreter was not sworn. I hae no d ubt that the interpreter did translate trulv. Imt t li r i n..t k-r I lili j the law of the 1 !av.;iiiu!i government. Tiie . . - eviueuee inn-l no .-worn to. I lie law ex pressly state (,,t) ' a witness couh for wurtl Uc." .dv here was oik; witness Uf pearing to give evidence) before that court, and very important e idonoe, the speaking evidence; he felt, because he was (a) man attacked ; he spoke because hu felt. This man was beat, .-ee:ely beat, inglorious! v beat ; he eonies l' r-vard, as I understand (?.-(, i rlhu s":i I) j. r) that he was verv mucii injured, who can those person's swear to that effect. No man con speak (as) to the fe iinr : in his head, (his back. Inn ana, or) its effect upon his form, l.'an those per sous vh. happen to see a blow tell what its cfiVt would be ? Ridiculous ! A man is bronol up to what ? To state what he knows. I(e enters a complaint; questions are put to him : and what is his answer : Hesovssoand so. That evidence is what tiie judges decide bv The Hf.art. What an odd tiling experi ence is! now turning over so rapidly the hook of life, now writing so much on a smlo leaf. Wo hear of the head turning grev in a single night the atae change passes over the heart. A (lection i the twant of a wo man, and only bids her to the bantpiet to suspend n cutting sword over her head which i word, o look may call down to in flict the wound that strikes to the death, or heals, hut with a scar. Could we fling back the veil which nature and society alike draw over her feelings, how much of sorrow unsuspected because unexpressed would he found! how many ji young and beating heart would show disappointment graven on the inmost core! what a history of vain hopes, gentle endeavors, and anxieties, and mortifications, laid bare! There is one phrase continually occurring in conversa tion "O, a woman never marries tlr man to whom she was first attached." How of tenhow lightly is this said! how little thought given to the world of suffering it involves! Checked by circumstance aban doned from necessity! the early attachment may depart with the curly enthusiasm which youth brings, but leaves not. -The t Jjoston, As Ex vmit.f. wonniv ok fmit n ro. firm of James Read. &. C o. o which stopped payment in .March, iinmg 5,0J.jfwu;j nav. Kinco pil!(j lurp (T0(, tors every cent of the am umf. The linn took the benefit f the liunhnipl Lav and their assets were $300,00;'). Xow I contend before you that the Judge decided in this case upon two reasons: Tirst, that the man said ho wns much injured ; and secondly, because it was said to be under aggravated circumstances. Such being the case, 1 deny that he was tried according to the laws of Hawaii. Vou are the judges whether those laws were broken. You are the only judges of the law and the facts. In the first place whether he was beat, whether he was much beat, whether this man was properly tried before that couri, whether ho was properly convicted by that court, and punished properly by that court. These are important questions, because though he had beaten that man, and the oli'ence was very aggravated, if he was not tried according to law you must quash those proceedings alto gether. The judge decides that this is an appeal case. The judges say tho laws do not oblige a man (gZ-'zg evidence) or an in terpreter to be sworn.' You will decide who! her the man was proper! v tried and properly convicted. It is said here la'.inz up a book af the laws) " Should the judge perceire (hat although (he injura, $rc." ' Xow I am ready to prove to you certain facts. In tiie first pla-o that the appellant was called upon by another person to go up and assist him by his countenance in seeing fair play in a hVhf between Jiini ami (Ji irgan.) 1 can prove that (ieorjre Morgan challenged this niau'to tight, 1 can prove to you that this (,'eorire .Morgan offered to light this other man, and that when this man went up for the purpose of (seeing) Cope fiL'bt with this t ieorgo Moroni. Licorge Morgan instead of giving him fair play, threw him out of bis store before he was struck, and that then thisjnan, w ho came there to see fair lay, 1 wcnty-cicht hundred do-rs hnvo !.e.n tm.U- tlm r. nf ,,r i,; .1'.. exterminated in Now York, (luring the pre- j I am not advocating 'anv of "tliis' VrdPing 1 sent season. .?m. paper. nm merely aUut to prove that tbisConrge Wish ve coidil siy ;m laacli fr this j,!-.,,,. Mor-an wa: the head and front of it aM. r l'IMt he challenged, and when tiie chalh n- lhe following advertisement appeared i -rt' ''il!"e he did not give him fair play, lutely in a .Dublin newspaper, Saunders' I ,!fi ' '.v' u ant to prove that this fine of $, j.j News-Letter: " Wanted A vouu" woman i ,or itn "-irravated eifence was not such a - ... i i ., c. . 1;. . i . .i i to act as house-maid in a small famVlv; also a much cow-must be if the. tstublished church." BY AUTHORITY." TRIAL OF til!.V, ((-'oiltillll.Ml.) Mr. Rrown. May it please vour Honor, Gentlemen of tho Jury, I appear bef ire vou to day with an '. u (j it. I have been requested bv Foxhall Parker, Ksq. of the (If. S. Frigate) Hrandv wine to appear here as nminvi ..n.";, i . v . ' ioi: i.iw.s o ins counrry. t je nas otniea e , .... . " ; l,M; verv onerous unon linn. Ingot tins court it appears that this, nan in- , If however you decide Si? !I!;"!r""?S ;V'ntlt npp'-arsft, one of them in his favor all nurst go well plaintuf, appeahng from the decision of the! with hini. . 1 fme as (the) judges were authorised to put upon a po r orunken sailor. That they ought ti have put upon him a very small fine. This man knew nothing about the law. lie was drunk. ' ' . The judges upon the unsworn evidence of the man wiio accuses him bring him in guilty, and confine him in this fort till if is paid. Now 1 appeal to you as mi u of common s-ense, as people who have g.f the wish to sen the whole world go forward in the straight path of p:s tico. He is brought before you as an appel lant from the d-cision of that court which has fined him y for an offence against the laws of this country. He has appealed Inferior court which fined 1dm iv... l , iug the laws of the country. The evidence Jmi iuvo nearil tliat wa taken before this contend that by the laws of Hawaii, this man had a right to a jury when he was first hrouyht up belore the pidges. Those indues : : , ' ' - " nm: in up neiore mo piuges. J nose judges notswon It,; :!1 ,., . lUvt . lh bun, being brought up in that tUt tot iiiioiiJ I c V.' (i mai-.uer, how d.i you wish to be tried? lueie.Mimonv beforn ti .-in.. a.,., f.i i . , J . . . the testimony before this court to duv in the most singular manner, ami probably other have asked him, how do you wish to be i tried ? " " a man be bnwghl to trial for i any manner of (fence he may desire a jury;" page inn have seen to-day that the written laws don't mean what they say. You see they are of no authority. Now instead of asking, will you be tried by n jury or by us,' letting him know by what law be was tried, the man was (Morgan) brought forward and asked what the accu sation was. He came to toy house and beat me.' Xow in my country they don't try drunken men. It is a law of my land that a man shall be tried when sober. His being drunk was no excuse, but they had no right to try a drunken man. lint this man was brought drunk! tried drunk! convicted drunk! and put into prison drunk! Will you decide that a man in that state is to be convicted by a man's eviderice not taken upon oath ! ' f ( The court tlun adjourtd rdlll the following morning at 10 o'clock, ,1. Jl.) They knew at the time tint he was a for eigner am! dnmk. Their dutv was to Second Day's I'roeeeiliiijys. On Saturday, JUnrch 1st. 1! 13, al the hour appointed, (he court rc-aascmhled. and on Jlr. Judd'a calling our the name of the jurymen, it appeared that Dr. II. IV. IVoou ?;i.s absviil, upon yeh'uh .Mr. liicord asked if the counsel for James Cray were willing to go on villi tin. trial, one juryman being away an profes sional business, observing thai eight nets the smallest number that could form a jury ac cording to (he statute. Mr. I!ho. 12 sir; V2 is the number mentioned. expressly mentioned. (The Shcrijl having informed (he Court that Dr. Wood had said he might be erpected in three (pearlers of an hour, Air. lircu n proposed u aiuog u,ai long jor Inm. .Mr. Judd how ever objected to wasting so much time, valua ble as it was to almost every Cattleman there assembled, and after one. or two remarks (he notice was given of the Court being rc-ad-jnnrnrd till Mondau (March the M.) al 10, .7. .V.) " ' Third Day's Proceedings. (.7s had been agreed upon, the Court meet again on Jlondou morning (March the 3d, lUI'i.) at 10 O'clock, when Mr. tlicord gave Mr. li rown a list of the witnesses that huel been summoned.) Mr. Judd called over the jury, all of whom answered to their names. Mr. Brown I should like to have the witnesses sworn. Mr. Ji nr. The Governor has called up on Mr. Kicnrd to act on his behalf to-day. Mr. Hogaiidt s. Do you mean to say "( dressing JUr. licord) you are to sit as Judge? Mr. Judd's words were that you were to act in (the) Governor's behalf. Mr. IlicoiiD. As assistant, that is how I am to act. Mr. Ruown (To Mr. Chamberlain.) ill you ask the Judge in what wav Mr. liicord is to act. We wish to understand that. Mr. Jt nn. (flfter conferring wiih the Gov ernor read as jollows :)The. Covemcr, as Judge of this Court, requires H. Majesty's ? lorncy General to aid him in presiding over (his trial and, to hud him advice vp. n (he points of la w (: be decided. Jlso if need be lo express Ills Jl.ccclhncy'.i views in regard to the points to be submitted to the jury."' Mr. i'orjAiini s Will you allow me to take a copy of that ? The paper was hand ed to him. Mr; Bkowv. I wish to ask His Kxor Mon ey, whether he considers him Mr. Ricord as a Co-ordinate Judge with him or merely a legel Adviser? Mr. Jidi). Ho says record it. Mr. Biiown. ilftr a pause. TUv. Gov ernor as I uudei stand said record that ques tion, i suppose me answer is not given? Mr. Jinn. It will bo given directly. (.7'ht another short pause reading. I lis Excellency decides that when he lias failed m (he aid of the Crown Lawyer, the views which, that Officer expresses are his views, he having been ordered so to regard them by decree of His Mnjcsdj published in the Friend news-paper on the "Id of May last, and ad dressed to each ofllis Majesty's Governors of the Islands. The views of that Officer are therefore on such occasions the views of His Excellency for which this Court arc respon sible. 1 Mr. l.ouAunt.s. Will you allow me to take a copy of that, sir?' The paper was handed to him. Mr. JSimwn. I understand from that that he is merely a legal Adviser; which 1 knew before. Mr. Juno. Any witnesses, Mr. Brown, to call? - ' Mr. Hnowv. Yes: John Flandreau, Ed ward C. Ellis, James Lewis, Henry liiley John Bcriot, George Cope, John W'iley. SiiEuii k Joliri Wiley waa not summoned. Mr. Bitow.N. Summon him now. These witnesses are ready to be sworn THE POLYNESIAN. OFFICIAL JOVRSAL OF THF 1IA'AUA HONOLULU, SATUI. PAY, APRILS, miT As Vr. Brow n lias expressed his disappro bation of the Oahu court as now constituted, it mav be well to revert to its early history and see what led to the present system. To do this it is necessary to show that it was the necessity of foreigners rather than na tives, that required such a court of justice, and consequently it has been created in great measure for their accommodation. A more simple arrangement could have an swered so far as the natives were alone con cerned. But it happened that mercantile and other dissensions arose among the for eigners, who, to settle their disputes appealed to the authorities of the country. To main tain the peace, and to give that protection to strangers which the comity of nations re quires, the administration of justice in some form was indispensable. The parties at the earliest date were generally heard before the Governor and Chiefs, and they endea vored to decide according to the merits of each case. As questions became of a more intricate nature, involving mercantile and other knowledge,' obtainable only by per sons educate (1 in civilized lands, foreign juries were required. But, as was to bo expected, the decisions of the native judge could not be favorable to all parties-. Those that considered themselves aggrieved, trans ferred their hostility from their real oppo nents to the very source from which justice had been sought. Exceptions were taken on a variety of grounds, to the court. The interpreters of either party litigant, or of the court itself, were impugned; its forms and rules attacked as not agreeable to the pre-conceived views or early associations, derived from the several countries of the birth of the disputants. In the mean-while, the government zealously strove to mctt every reasonable requirement, and to con form to the models of more civilized lands. The native judge not being versed in the practice of foreign courts, and the modes of business and thought among the whites, as well as very imperfectly acquainted with the English language, endeavored to suppjy his deficiency and to accommodate all par ties by securing some able foreigner to aid him by advice, and to interpret th subject matter before him. The person selected was Mr. Judd, and the improveeueat in con sequences was acknowledged by the satisfac tion which it alforded to parties generally. But Mr. Judd, although unsurpassed in the ease and faithfulness with which he rendcis the Hawaiian tongue into English, and vice veisa, had not received a professional legal education. Each disputant claiming to solve for himself questions of law, a mul tiplicity of opinions arose, to the hindrance of justice generally, and the prolongation of disputes. As soon as possible, a remedy was furnished by the Government, and Mr. Kicord, the Attorney General, was directed to advise the judge, in all matters of law. We have thus briefly stated what led to the formation of the court on Us present basis. We have done so to show that in all its arrangements the Government has had dee-ply in view, not only its own reputation, but the accommodation of foreigners. It has improved upon its forms, and secured the best professional services iu all its de partments, as rapidly as circumstances ael mitted. That it has deficiencies, when com pared with the preperly organized courts of old countries, has never been disputed; but it has the right to claim for itself the ac knowledgement of having used every exer tion, not only to meet the growing wants of the community, but of having been govern ed throughout by an unimpeachable honesty of purpose. Tho same attention has been given to the minor courts, and although the formula in them is not so complete as in the higher courts, yet they will compare advantageous ly with similar courts in other rnuntm.