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RAW ATT GAZETTE.
J. MOTT SMITH. j
Dirtcicr cf tie QoremEest Prtss. '
otknaaretiretrrtictee to be Rat to
WEDXESDAT.3IABCH IT- ISC3.
OSeal atice hat Iwve rrcRTnl at this d
jartsest taat J. C Psgr. H- hai rtsca
i bil cial fcaetioct as C5al f H. 2L
tl Eiac f Sveicc aa4 Xmt.
5i3! S. B. Pauxrn.
PUBLIC SCHOOL SOXICE.
Tie Board f Eiaealioa having decided to
..ai.v : tt.,-, . rt.cv:? c, .-.
l-uctt cT tit IrSii-sr-fikiir prtia f the i the J&tmaka to the soathern Uhndi of
j'ltS-S t the pcrpose-a.theiastrnc-and
Miss Alberta, hereby gir na&t. that tiaas to the eaptaia aad agent of the Gov
si i Mrlwol will U epeard. re Mtadiy. tie e7nnt stowof - encocrasinff the im
Sta rf Mare, seat easmag. ia ta basesttat I
roosts f Fen Stmt Chercl. whcrt it will be j migration of carried laborers, accompan
carrW n, br jwtmissia f ti Caana Traj- ! .vj. doilies, whs are wiffiaj to
tm. aatl a ccrsasttt aal am mtaUc i ,
boftias-shiH b erwtcd or proTJ-J bj the J contract to labor Wr a terns oT years, aad
B-nni C Edxcstioz. j fter that raaie these Islands their home."
. HWtwj-. Albn. Paawif kv. Pajik-. i Fron the quotation above, one wonW snp-
aaa vi jie5M a 6 taaat. wicaertr ta
a4Taacraat f tie scrSs jhiH wamat ti ,
sa. Aai ia erdr that ti ajTaatas ef
the Schoal car b btoazht within tic mch
cf iH rUjjts. tht Trrr Ww rief FiveDU
lirs pr ttrs w3 1 cbarsI fu- fctitNc
SehMl twtw.fhua e'dsci A. iL. aata 2
ekcl P. iX.. f &ea 5(U Oar.
M". Jis. Smth. SeT.
Turitrrcru ESIJLTE r& sitt
The vcitksewB frraujU at JIiiTti.hr stv
exal Tcan Gcapjed br- 2iia Qplta. fr a Voani
iascht. are av oerl ir sale t the
JSwrl of Elscatxa, a rry t!lnt tm.
Fr raiticsltr;. liplj to
VT. Ja5. Sana.
giarTr rf tb Rmnt af rr-rtin
Ir has pleased His 3Tajstr. the Fx, ta
appoint Frederick S. Lvciaa. Esq., a Circe It
Judi;c for the Islaad of Hawan.
Ioiaat FaLm. Feb. !. 1NS.
Ir has pfajed His Majtatr, the Ehr. to
appolat Hra. w rman P. Kt Vit t h Pres
iitat cf the Beard of Education-.
tVui Film. rb. ?. iSti.
give to-day, cost of oar space to
the dedsloa of the Snpreme Cocrt on
the exceptions is the capital case of
Knar vs. Tin Ah Chin, Cheater Kaaford.
Loaon and Acnee. convicted of mcrder. at
the last Term of the Circnit Cocrt at La
fcmx. Knowing well, that oar readers
wiH be more interested in this than in
anything: we night have to say. In the
case of the King- vs. the Cxi chinamen,
mentioned above, we find that the verdict
against tT"-' Feed and Lanoo is not sas-
tained by the evidence. The Tenfict is
consequently set asUe, the jedgmeat va
cated, and a new trial ordered ia their cases.
The exceptions-taken in their Caver are
overruled, and consequently, the judgment
azainst them stands.
ZDtroe Gazette : The following; ap- j Art why and confusion were sure to fol
pears in the P. C Adcartiser of March J l0w, and they saw in their fervid imagina
13th - j tions, commerce Seeing from -our devoted
-1 Ocr attention has been cafied to the j stores, and arricaltnre pining- under the
editorial in r fcst use in regard to the j f irteltabIe QE.
assisnrnent bv tha Executors of the con- . ,
tracts for hUxt belongirar to the estate of j controHahle cooEe labor. They sighed for
the late E. C. Wjiie. TTe have seen the the innocent and tractable ilicronesian,
form of tiewntracs.ardby themt hh nar-
borers bind themselves to the service of , . , . , ,
their employer for the term of fire years, row coral reef; longing for the time when
and his Erection, AdmixistraloTZ aad j his civilized kindred of Hawaii shoald
Assiaxs. Vte state this in justice to ths ! come to relieve him, by taking him to
Executors, who supposed and believed, ( fcoces and caticz him a part of that
thai thev had a right to assign the con- , , t ,
tracts to the porchlser thereof in accord-! PPfe vho were 10 PPtnate
ance with the express terms of the con- j the Polynesian races, in the happy King
trscts." j dom of Hawaii. They saw in their scheme
The above is probably the nearest to a j the introduction of the Polynesians of
retraction, or aa apology, that has ever ap-1 e ajathern islands, the only means of
poared in the Commercial Adcertiter, and. checking the decrease of their people, aad
as such, it should be locked epen as aa in-1 c-jj the bEnd and stupid policy which
dication of reformation. It is easily ob-1 attempted to corrupt and contaminate the
served, however, that a very wide door is 1 innocent Hawaiian, by the introduction of
left open, in the above explanation, through
which the '"independent pres3 " can pass
out erect and fianntirtdy, and again assail
the 'immigration schemes "'of the gov
ernment, and the term3 of engagement,
cot only of the laborers on the estate cf
K. C. Wvlie, bet of those on almost every
plantation or estate in the Kingdom. It
is left as much at liberty, by the above ex
planation, to re-iterate iu denurxiatiocj
against the labor system of this country,
"and to do its " Stile best " to bring- dis
credit upon the government sad people by
its misrepresentations, as though no ex
ph ration had ever been attempted. It is
safe to say that nine-tenths cf the 3-na-tsred
and nsjest criticism?, regarding these
Islaadi, whxhwe are. constantly receiving pared, these scribblers taxed phHahtrho
from abroad, are induced escccraged f piit3acdrnoraEst3of the highest typevdark
by wrong impresaoris imbibed by travel- ifelaatUthewoEeiakerAtofabor
lers from these same cisrepresentiriocs of
os kC2l" independent cress," which are
Bade? ia raos instances, in a rnasner that
looks saore Eke being prompted by a spirit
of aa&gsaat aed Bascmpclocs opposition
to any aad every measure attempted to be
earned oat, tkas by a desire for the wel
fare of the csaairy aed peopZe upon whera
it is apt to fcesiewso much mmflrn tenti- f
xaeat. He caseation is cot invariably
corafetiraf with i&e& and is nothing is its
lncawtescy rage apparent than in the
coaaetafrpn ie regafl to the expedition
to the Mrthcia gUada, recently fitted oat
for tie iiyMi cf iaferrrg isaaoatios.
TK crBaBtiaa wg &ed oat ia psrss
aaaeaf aaaetof taehet LegBi'atini1, fey
a liwnTii'rnn cf 30000 tu
tie aspasas wkiek are rijlmmti if
law FadJic Qmmuragl Adeertuer,i ila
"Araonr the items pcroprfiti is the
sum of S30.000 to procur immigrants, for
which, oiject a oHI has ba passed. This
sura was voted with, tie distinct uoxier-
tanoins that it was to encrarag tH tn-
fter tg jjHndi ir
hoae. IT this system caa b carried Oct
of obtaining rabcrers accompanied wiii
! tkeir rtr. and if found to wurk weH, it
j mar prove to be the tsrniog point ia the
I decrease of oar population.
! It matters cot from where these immi
grants torn from Japan, Sweden, the
Azores. Mknwesia. or aay otter Polyne
sian Islands the ideai to iotrodneeiw
Oiet, that wiM insure aa tjtereasv of labor
ers aad popoJatioa. W Erm'y believe
that, with proper effort, ten thocsand io
tnsiaati can be secnred during the next
jSre years. AH that is needed are means
and "eaerrr on the part of this Govern
Brent. The means have been BberaSv
prarided by tha Legislainre ; let the Gov
ernment cow act in the same spirit, and
carry oat with determination the win of
Xow, ia conformity to the will of the
reede." as expressed bv the Legislature.
... r- .t .r.ti-W
t vu.. i
po$e that this step of the U overriden.
. . .., i -j
wonkl have met with the approval and
nora! snpport cf the " independent press ;"
bet sach has not been the case. The oc
casion has been taken advantage of, not
only to misrepresent the objects of the
expedition, bet to assail the whole Ubor
system of this Kingdom, giving, by its
raisrepreseatations, the impression to the
world that a system of labor exists, in this
Kingdom, which is characterized by all
the evils of forced labor systems, under
the most arbitrary and oppressive condi
tions. Were we to look farther back in
the colamni of the " independent press."
we woold nd that althocsh as in every-
f thing- else it has been opposed to the
Government measnres for the introduction
of labor from nhrcsrt. it is only recently
that it has taken the hih moral stand
which it cow assnrnes to occapy. When,
a few years ago. the Government as in
the present instance in accordance with
an set passed by the Legislatnre, des
patched aa agent to China to procure
Chinese laborers, to be introduced into
the country ender the aaspices and spe-
rial protection of the Government, thas
seearing to them the guarantee of the
fath of the Government, that they shook!
be honorably dealt with, and not placed at
the mercy of any companies or individu
als, the Commercial Adceriiser was most
bitter in denouncing- the neascre, and was
alike "nargrrrn in its criticisms upon the
Government and upon the gentleman who
acted as the agent of the Government
The high coral aspect of the qaestioo,
however, had not, at that time, presented
itself to the minds of the writers of that
journal. They simply saw that the cooa
try was about to be overror by the pirati
cal o&corrrinzs of Asiatic civilization.
the "offcasts'' of Asia. Among the
greatest of the dangers, they deprecated
in the introduction cf Chinese laborers,
was that, at the time when their terms of
labor should expire, they would be let
loos to overran the country, resorting to
robbery and plunder for a tirefihood,
rather than to honest labor. The change
in these high-toned aad sentimental peo
ple is. to say the least, somewhat ainusicg.
The Chinese laborers have been intro
duced, and, with few exceptions, they nave
been found to be tractable and valuable
laborers. Without them one-half of the
productions of the country must cease.
Vet, although half the time for which
these people agreed to labor has sot ex-
elves to reduce hfro to a condition of sla
Tery. They not only forget the forebod
ings of a few years post, bst long to see
him. whom they called so dangeroaj. free
to ream aboct the country at will, before
his time expires. Trtfird of the robber
and rcfSaa to be let loose to prey upon
the people, they cow see in him the op
pressed and deceived laborer, who oczst
to be set tree from ci3 own contract, lee
Government has set on foot an expedition
for the psrpose of f ndncing Polynesians to
emigrate to these fjland?, not only to sap-
pry tne wat ec iaeer, sat to incorporate
titeai with this people, aad, if possible, by
briaging together the scattered and de
crEaffiEg tribes, asd sewvor to the race,
aad taas perpetaate a free and vigorous
aatiea at PalynorwBi Tfce perremty of
tke " igjcBoorftgt srea " k wil known
H k sf? to expect bitter cp8iItico froa it
towad tTmiif ?gy m i;aaw ii ndi rtaken to
heeatriad jat. Ia ttk amaiai . , horeTer,
itwwawrto leek Sar iu aKcrt aad es-
; JgatTtoerer lmke& for U,
looked ia vain; fur the moment the Gov
ernment undertook to carrr oat the b
hests of the LesisMare.it u assailed Vr
it, and accused- of danCctty and deceit,
aad people abroad are given to understand
that tha Hawaiian Government is encaged
ia an enterprise similar to those which are
condemned by the enlightened cations of
the earth, namely i that it has sent out aa
expedition to entice the people of the
scnthera islands to come here, with the in
tention of redacts- them, when they shall
arrive, to a state of ban dare. Oaa wocU
think that those people, who are now in
nocently ond piocsly singing- psalms upon
their native reel, nncorciocs of their
doom, are about to be kidnapped, chained,
and brought here suffering all the horrors
of the - middle- passage " on their way,
and the few who survive are destined to
lead a life of toil and suffering, aad finally
to die beneath the lash of the brutal over
seer. And this too is to be effected bv a
sinful and deceitful Government, that pre
tends that its only object is to encourage
immisation. and to carry out aa act of the
Legislature which was commended by the
independent press." It is no wonder
that the state of things here is misunder
stood abevad. and that it will continue to
be so ratsanderstood. so long- as the -misrepresentations
of the press are permitted
to go abroad undisputed. It is due. not
only to ocr good name before the world,
but to thosfe who are engaged in developing
the resources of the country, to expose
and cuodemn the falsehoods of the inde
pendent press in regard to tha labor sys
tem. It is due the Government to say.
that in so far as the coolies are concerned,
their contracts with its agent have, so tar.
been faithfully carried oat. They have
beee carefully protected in the rights
which were guaranteed to them when they
were engaged, aud that, when the time ex
pires for which they were engaged to labor
thev wiH be discharged, aad a great por
tion of these wilL no doubt, become peace
abie and independent prodacers. In so
far as the recent expedition is concerned,
it ban open and praiseworthy effort to in
duce immigration, in an unexceptionable
manner, and so one caa deny that, if it B
successful, it will be fraught with great
good, alike to this people and those who
come here to find a home. It is likely to
be so beneficial to alL that it is a wonder
that any one should oppose it, even among
those who are most narrow-o.inded and
bigotted. or the most unscrupulous and
malignant in their opposition to the Gov
ernment. Yours truly.
A Esiisij to this Peofix.
Streets and Boaib.
31a. Editok. My attention was arrested
by aa article In your last issue on the sub
ject ofopeaiaz- up new streets and roads, in
and about Honolulu. It is a subject that in
terests me, much more than subsidies to for
eiga steamers, orreciprocities becaase,asthey
say ia the ditiUiin, it promotes the nidiity
for the aaJtmio close to our own doors. It
is trite to say. that any country without
roads, is scarcely asy country at alt. A nun
might as well have a firm in one of the plan
ets, as to own a tract, however fine, in a lo
cality that is inaccessible. On a small scale,
such is mj case. I am the owner of a small
tract at Psltma, which might be made a very
desirable price of residence, but there is no
way to get at It, cut even with a wheel-barrow.
Ifjou attempt to go "afut," as Pad
dy says, yoa have to walk on a ridge that re
sembles -very much a lean hog's back, and if
It be at all wet or slippery, yoa have the
pleasing alternative of a mud bath in taro
patch Xo. 1, on your left, or taro-patch So.
2 on tout right To say the least of It, your
head must be weQ balanced, without posses
sing the advantage of the balance pole car
ried bv the performer on the tight rope,
which enables him to keep his equipoise.
If it be dry weather, the chance is that yon
win have the dengbt of hopping throairh the
fresh mud, aakie deep, recently thrown up
from the adjoiaingtarop&teh, upon the afore
said hog's back. Sow Jin Editor, I do not
agree with yon that every one Is as persis
tent as possible in obaainicg road damages.
I would give half of the tract which I own,
if It were necessary, if I could only have a
read for a hacd-cart, to get at the place,
which Is of about four acres in extent, and
have made the offer many times to His Ex
cellency the Minister of the Interior. I had
hoped that when the Lunatic Asylum was
established ia the locality to which I refer,
that a road would have been opened through
that iarze belt of fine, but roadless land ex
tending from Liliha street to EaliM valley,
but I was jocniariy told by an official, that
although my offer was liberal, and though
masy others entertained the same spirit, vet
it was cot desirable to make the Asylum and
its grounds too easy of access, on account of
its Icdadeg too many visitors. I therefore
hold that a man that haggles about petting
pay to make valuable his land, otherwise
comparatively worthless, is aj&Uiuof the
rarest type, aud reminds me very much of
the man wbo, although very hungry, when
Invited to diae, Insists upon beicj; paid for
j fating the dinner of which his stomach
stands so much ia need.
j Yoa ask, of what interest Is this to the man
who Uvea la Hsmakca or Kan? I say, every
I Interest In the world. Every Improvement,
I ia the remotest corner cf the Kingdom, In
, (crests the man at Hamakca and Ean, as
much so as a good road opened In Hamakna
or nan, wiS interest the man in Honolulu,
especially when he has occasion to go there
and travel it it may be on a dark night.
Ton My, it is to be hoped that a little
better feeling wiH prevail la this respect. It
prevails cow aad has prevailed for many
years past it has almost got Ired of pre
vailing because the government has done
nothing on the subject
"RnrtEr. It is pleasing to find that
one at least is aroused on this points Our
correspondent maybe assured that if he
will continue to bestir himself and make
other people bestir themselves, he will get
all proper assistance from those officers
baring authority to help him. The point
is how much is to be paid for the land in
front of his lot, and who will pay for filling
it cp, and making the read passable; and
will the people in the rear and neighbor
hood of our correspondent join is the acta
nescessary to open the street? Go on and
let cs try it. Our theory ta that the coat
of such improvements shoald be assessed
on the property benefitted. This ssay be
wrong-, bet'it appears right; let as aake
the aileapts ia all cireciiofia, as rigit aad
josgee may point cot. It shoald have
been done long ago.
TecdaS and dumb acre heUa'
In Bedis. Frsuia. is wtLck aV
ae e6lMlity of a catotttate'ftr Hke
Supreme Court, Mawallaa Is.
srscxu, TRX, MJLSCH 11, 1SC3.
Aw. -7UAA Giut, Ckwiy Am -FcrO, Xan
ax, ami Ajan.
TneBUlof EicepUwi set forth that at
the Jaae Term, 196S, cf the Circuit Court for
the Second Jsdidil Circuit, held at Lahalaa,
Island of Mill, and oee of the Hawaiian
Ihnl, an Indictment, wherein the defend
ants were jointly charged with the ranrder
j of one Kaanealna, at Hunakaapoko, on said
! Island of Mint, on the 13th day of January,
1S6S, eoaaUtlns of three cooaU, respectively
describing the orTense as committed with an
, Iron bar, by burulcg and suffocation, and by
( acts, means and agencies to the AttomeT
i General cot known, was duly presented acd
I found. At the December Term, 1SCS, ot
said Circuit Court at Tjhilna, the defendants.
at their arraignment, pleaded a special plea
In bar, to the effect that the failure to prose
cute upon said Indictment at the Term next
ensuing after the commitment of the de
fendants for trial, and the fiilare to proceed
with the trial at the Term at which ald lu
dietment had been presented, operated as an
acquittal of the defendants under the stat
utes. The Court overruled this plea.
Defendants counsel thereupon moved for
adjournment until the next day, to prepare
affidavits to sustain a motion for change of
venue, alleging that they could present affi
davits that nearly all uf thoee persons com
petent to serve as jurors on said Island of
3Iaal were Interested in plantations upon
which persons of the race to which defend
aut belonged, served as laborers, and that,
in their opinion, tbooc who belonged to said
race merited severe treatment and discipline,
aad were unworthy of the same legal pro
tection with uthers; that the said murder
bad greatly excited the public mind on said
Island, and that Oahn, to which It was pro
posed to chasge the venue, was free from all
these objections. The Court denied this
motion. The defecdauU counsel then moved
for a separate trial for each defendant, which,
motion was denied.
A plea of not guilty was then entered.
Thereupon the Court proceeded to Impanel
a jury, compelling the defendants to chal
leueeach juror a he appeared, the Govern
ment having first excercbed its riUt of
challenge, to which course the defendants
counsel took exception. The Court over
ruled the challenge lor cause of S. E. Bishop
and Raymond, after they had admitted on the
voir dire that they had formed and expressed
opinions regardtar: the sullt or innocence of
the defendants, which it would require evi
dence to remove ; the said jurors, however,
stated that they were cot conscious of any
bias, from such "opinion which would operate
against aa impartial verdict on the evidence.
When the panel wanted one ot being fall,
and ten peremptory challenges bad been
made In the defendants' behalf, without any
express statement whether the same were
made for them jointly or for cither of them
severally, their counsel sought to make a
peremptory challenge In behalf of Ah Chin,
and claimed that the defendants were en
titled each to ten peremptory challenges; but
the Court ruled that all the prisoners had
exercised their full light of challenge.
Dr. Kittredge, the medical expert, testified
as to the caue of the death as follows: "I
think It certain teat the fire would have
caused his death. The injuries from the fire
were sufficient to cause his death, sooner or
later. The Injuries from the blows rnav have
been the chief cause of his death. The in
fluence of the two combined was undoubt
edly the cause. I know of na other possible
cause. It was my impression that the action
of fire was the cause. I could not tell whether
he died of blows or contused wounds. I
should say he died of a combination of both.
The blows mar have caused the death. I
don't know If the burns caused the death."
The declarations of the deceased ouly men
tioned the defendant Aguee and three other
Chinamen (as concerned in the assault on
him,) which three he could not came, or in
any way describe.
Only the defendants Agnee and Ah Chin
made confessions, and the defendants Earn
Ford and Lanon were not present when the
confessions were made.
The only evidence against Cheong Earn
Ford and Lanon is that of the witness Gan
dell, who testified that on Monday morning
he "went to the Chinese house to order the
Cninamen to go to work; saw Lacon there
eating his breakfast ; going to the cook-house
he saw me, and I saw defendant Lanon bad a
mark on his face, and that he pulled his bat
over his face to hide it I went along by him
to the Chinese house, and there saw Earn
Ford standing at the door with a cup of rice
la his hand. Cheong Earn Ford looked pale,
and his trowscrs were wet from above his
knees down. I asked him why be did not
get his breakfast when the rest did, and be
replied that be bad just cot in. Thev worked
along slowly in the field, and kept behind the
rest of the gang. It is wet between the two
estates there was a vegetable card en near
the house :" and that of witnesses Goodale
and Eanihe, the former, manager of the plant
ation to which the defendants were attached
as laborers, and the latter not shown to have
been well acquainted with the plantation or
familiar with the quarters of the Chinese
there; that a silk kind was found in Cheong
Earn Ford s back, rolled nr in a shirt, and a
Chinese frock in Lacon's bank, with two or
three stains upon it on the epper part, and a
pair of trousers which had been washed, and
were about as wet as well-wrumr clothes.
After a verdict of entity against all the de
fendants, a motion for a new trial was filed
on the groncds alleged in the BUI, and on the
anmuoaai gronnos inat tne verdict was con
trary to the taw and evidence, and the weight
of evidence, against the Instructions of the
Court, and for alleged misconduct of D. G.
Lee, one of the jurors, who was overheard
to say, before the Court charred the jury,
that "Stanley, (one of the counsel for de-
lense), mtget make those men's wills cow."
The icslrncioBj pnyrd for and given,
upon the subjects of dvisiz declarations and
confessions, npon the necessity of proving
ioe corpus aeucii oy owcr e licence tnan me
defendant's confessions, and of affirmative
proof to warrant averdict of guilty on either
count in the indictment, also that the fury
must find that the Attorney General bad no
knowledge of the "acts, means and --rn-
des " wEich caused the death, or must ac
quit in the third count of the indictment, are
set out ; also the further instruction, that the
jury "must find that Kaaueaina came to his
death either by a blow from a bar of iron, or
some similar weapon, or by burning and suf-
locauon, or Dy some mysterious aess, means
and agencies not to the Attorney General
knows, and they can find that he came to
his death by the joint effects of a blow from
a bar cf Iron or a similar instrument, and
burning and suffocation, under the last count
of the Indictment," to hleh the defendants'
counsel excepted. The Cocrt also charged
the jury, "that if any of the defendants were
found to have been present, neither trricz to
prevent, nor afterwards giving prompt infor
mation oi me crimes, uiey woau ceetae
from iH the evidence -whether thev were
present "aiding and abetting; Inciting or
instigate" or innocently; inai li all went
to the house of the deceased with a common
intent to commit a robbery or burglary, and
death resulted from the act of one, nmuthor
ixed by the others, the law make all equally
guilty; if they went Intending to do any un
lawful act, and to overcome all opposition,
and death resulted without any previous in
tention, they must be considered guilty, at
least, of manslaughter. But if the jury be
lieved that any ot the defendants went with
oacknowledgi; of or assent to any unlawful
adto be dose, bat for other purposes, sad
did sot participate in such act, then ia so
doing they were not guflty."
Attorn eyGeneni for the Crowe
Henry Thompson, (Leo Wolf aad E. H.
Stanley with hint,) for defendants.
The opinion of the Court was delivered fey
Mr. Justice HartwelL
The first point U whether the Indictment
Is good la iu third coast, which avers, with
customary form, that ' by some acta, meant,
and amende to the Attorney General not
known, with force and anas the said Tin Ah
Chin, Cheong nan Ford,Lcsba sad -Agsee,
cpon him tlte said Ksiseaina, did then and
tcere inflict divers severe and mortil wounds,
ef which etc-the said aaseaina, etc, at.
The Cosatitntlon, ark 7, provides that "no
person tfeH he hfcht to aesvrer far any crisse
aaiHM csco indictment fBr sat
plstary imitiUBf aach crime or ofeee.'T
l Onrliwsarcsilent asto therequlH"cio
legal Indictment, except that 11 shall "tHy
and plainly describe the aftpce,"
Tb Court " ia all civil saattar may afply
necessarr remedies to evils that are not tied-
I steally coateatplited by law." It follow by
tae itnucipia "express) ooitM exciniia aite
rlnt that la ctiBUnal Batter the Coart do
cot have the discretion gives them ta civil
matters, ot applying SMcntwryrmin&M!, but
must take the law aa His. with, such llcht
, aa can be rained from the common law of
l otter countries and the elvll law, our prac
tice caa leanca in nvor oi me common iaw
of England, where the same docs cot " con
flict with the laws and customs of this Elotr
docn. The fcw of England and the Celled
States have furnished the basis for oar own
laws the reported cases In which- the Ens
Usa lsnyuaco Is not used are cot broiurut to
our notice, aad the renins and spirit uf the
English common law conform more easily to
oar customs than the more artificial code of
Br the authorities this count la irood. In
Commonwealth vs. Webster, & Cusb. S2I,
Shaw, C J., held that this kind or a count Is
good whenever the evidence U satisfactory
that the homicide was committed, but leaves
I the mode of death somewhat doubtful. That
I case attracted scncral attention, and has
never Deeo aouoteo, out nas been amrmeu
repeatedly lu othercourtsof eminent author
ity. People vs. Crocln, S3, Cal. 210. In rea
son and justice, also, this count Is undoubted
ly good, especially a the jury were charged
that before finding a verdict of guilty npon
It, they must find'tbat such uncertainty as to
the mode did exist.
The next Inquire is upon the sufficiency of
the plea In bar. The statntes relied upon In
Its rupporl are See. 1163, Civil Code, amend
ed by Act, 1SCS, and Sec. 11TS, which read as
, Sec U6S. In all cases or offenses against
!the laws of this Elugdom, triable only by a
cocrt of record, the accused shall be arraign
ed and prosecuted by an Indictment by a
legal prosecutor of the Crown, as soon alter
the commitment of the offense of which he
is accused as may be expedient ; it bein,
-however, expressly enacted, that the preseu
! tatloa ot an Indictment against an accused,
I shall cot be deferred beyoud the term of tha
court, caving jurisdiction over the alleged
offense, oext succeeding the commitment
of the accused for trial, by a magistrate hat
ing jurisdiction therefor. And the trial shall
then and there be proceeded with, unless the
same shall be postponed by the court to
procure evidence on behalf of the prosecu
tion or defence.'
Sec. 11TS. The failure to prosecute upon
the indictment. If found, at the ensulnc term
of the court, ccleas tho venue be changed,
or unless the cause be postponed by the
court, or a failure to sustain thu indictment
npon ths law involved, or a verdict of not
guilty by the Jury, or the successive disagree
ment of two juries Impanelled to try the
cause, shall operate as an acquittal of the
accused, aud the court shall order his dis
charge from custody, subject, however, to
tha provisions of the next succeeding sec
tion, ' (in cases of InsaiulyV.
It is claimed that there was no postpone
ment by the court to procure evidence, and
that acquittal must therefore result.
It was strongly urged by the Attorney
General that the statutes cited are merely
directory and not Imperative. But cases
cited to sustain this view, which relate to
civil matters, to irregularities due to rit ma
jor, or the act of God, or coming under sta
tutes which do not prescribe the result uf
con-compliance, are not In point The de
cisions that new trials are not opposed to
constitutional or legal provisions that no
pe:soc shall twice be put In jeopardy for the
same offence, proceed substantially on the
jrround that onlv a InpH putsins in jeopardy
is intended. S Gr. Ev. 5ST, and cases there
cited. The rule in Sec 13, Civil Code, that
every construction which leads to an absur
dity Is to be rejected, can only apply In
doubtful expressions, and besides, what ab
surdity in going to trial at the tame term
more than at the subsequent term?
It was fnrtberargued that before the act of
1S06, the law limited the circuit terms to two
weeks, in which time, unless causes could
go over, the criminal docket might cot be
closed, and a failure of justice result The
reply to this Is, that when the law Is clear
and explicit, the courts must leave the leg
islature to "apply the necessary remedies"
If the law Is detective, that the legislature of
IMS, took off this limit of the length of
the terms, and, finally, that this case did not
require postponement to prevent failure of
Taking these sections together, we cannot
avoid the conclusion that they are Impera
tive, so far to require the cause to be post
poned by the court They give a personal
rigM, under the constitutional principle, that
speedy trials shall be had.
The position that "acquittal" here means
merely discharge from custody, not prevent
ing another trial for the same offence, is cot
tenable. It only remains to Inquire whether
the law has been duly complied with.
The answer to the plea avers that after
trial, conviction ana sentence ox aeiecaants
cpon an indictment for another murder, sup
ported by the same evidence, and alleged to
have been committed at the same time aud
place, and to be a part of the same tracsac
, tion alleged In this Indictment, the Attorney
General stated that it was not expedient
to proceed to trial on the present case,
but that the same was cot abandoned, and
that this suggestion received the open ap
proval of the Court
This answer is so far traversed as to
deny the averment of not abandoning
the case, and of open approval by the
Court of the suggestion made. But
even admitting this, although the course
adopted is very objectionable, on the score
of informality, and although we cancot ad
mit that a waiver of legal rights affects this
case. We are convinced that virtually and
substantially there was a postponement of
the cause by the Court As there Is no pre
tence of time being asked to procure evi
dence, we must consider whether other
The rule that legal grounds must be pre
sumed, nslese the contrary appears, does not
apply here, since the actual groosdj are set
out in the pleadings.
By the rule of law, enacted in Section
IS, Civil Code, laws "in pari materia"
are to be construed together. Applying
this rule with tbe statute cpon implied repeals-
Sec. SI, Civil Code, ne observe that
See. 1163 excepts only the ease of postpone
ment by the Court for evidence, and See. ll8
exepts the eases of postponement by the Court,
generally, change of venae, quashing indict
menu, verdict of not guilty, and successive
disagreement of juries. We ean cot for a
moment admit that See. 11C3 repeals the
power of the Court to postpone for change of
venae, or in case of the overruling of an ap
peal from a refusal of the Circuit-Court to
qcash an indictment That is, the general
statute power of ths Court to postpone caotta
ia cot affected by Sec 1163, which does not
attempt ta ensraerate thera all, dot to-exelede
asj. Both sections may read at follows : "The
trial shall thea and there be proceeded with,
unless the Court postpone the cause to procure
evidence, or for other reasons." So strong,
however, are the statutes la favor of a prompt
trial, that even the Court shoald exercise this
power only "ex ceeestitau ret," and where the
accused toffer no injury thereby. The sate of
ceeeitity did not exist here, but lbs pottpece
meat worked only ia favor of the aeessed.
They were ia jail, sot awaiting trial, bat exe
cution. Their tobseqaest trial wat at a time
when public excitement had eooled, aad tha
chances ia their favor were tetter.
We decide, then, fl,) that tha statute gzrea
the Court a general power of postponement ;
(I,) that this power Wat exercised ia this ease,
aad (3,) that tbe ease warranted its exercise.
We tee co objection to the rtfosa! to grant
time to prepare aajdavita for a motion to
ehaagB tho venue. Ey See. 857, Civil Code,
it it discretionary wills the Court to change,
the Tease os tatitfactory proof that a fair and
impartial trial ess sot othtrwite be had.
Tke deuisi of the motion for teparat trials
we alto at the discretion of the Court. Xo
slatatr givM the right of separate trial, ui
so grounds for the motion were Mnvl to be
shown. " ,
"" Tit statute, a well i ths rulel of Cock,
prescribe bo saode of iapttseliog she jry.
Al&cuzfc the sso4e adopted did st eoafom
ta oar practice, ws tea as valid sbjte&n to it,
and It tocssa to hare, hoes accordiaff to- the
coarse ef the gUiQ eotsmos Itw.BticM't
Cr.Ev., p. IK, 4 ism there efeod.
ItwaJaotftcwiaaiaat oaeh itrftaiaat aad
fcy tUiate arlcW to toajorratptory rislliisit,
and the only eswtiss it whether at) had
joacd is each cMleeft. -The Aasasssata'
coaaeei auger euiiy ttn ttearwS atty per
emptory eaalleagM by, ttatias, aaW Am
tlaNmyd, tor whit at the fin tahilaili
stars. Astaty oK set, m-
inino that they apoV tor all, otherwise taa
ehallaca wm of no effect.
-Tha taitractleBt upon eoePmloBS, al!
jJcm. aad iykg deetftrotioss. teoattasmet
eaoasAi aa lo fir at appears, ft vuawt wat
act oatrwry mwrtox;
As W lb ort<ilr ttv lnnranp 1 lima
of taejaror. w da et eonildor It
caate for wttier aoiJc tht verdict. Ta
Irregularity la a jrora coodeet to warrant
this. " shoald te of inch a nutnro at' fa affect
tbt impartiality, rarity and regularity of the
Trdiet itself." Be.Vl t Kwl'i Ui. Cr.
The snal consideration la npon tht laskltoey
of tvtdcac ta sustain lh verdict acalcst tho
prisoners Kam Ford and Laaoa. Ia elvil at
well at erlttiaid east, the Caart will dioterb a
verdict for insufficiency of tvldtaee only Is
very clear and s-troor eases. Wbtrt, huwvr,
there Is wasting any essential link In tht chain
of tvidence. or where tb.tr Is after vast of
tvideac ta establish tht trptt JtUtti, or to
lay any foundation oa whkh to build ap
legal proof, It It sna usurpation of tht provinc
of tht Jory, but it it a doty blading npon th
Court to ttt aside th Tinlict
" It t undoubtedly by th theory of our
forms of trial, the province of th Jury to de
cide ultimately upon questions of fact i bat It
it equally tree, that It Is within the province,
and often the duty of the Court, to tet asid a
verdict, where it appears to them to he con
trary to the wtirht of evidence. Oa first
trial, there may b room to believe that th
jury hav fallen into torn error in regard to
th law, or ia regard to the value and fore of
tha evidence, which they themselves would
correct upon a cartful revision." Ptr Or.
Coffin vt. Phoenix Ins. Co.. 15 l'!ck. 294.
Hera, wa have, in tha prisoner Laaou'a
ease, cvideoco that the morning after tho mur
der, ha had " t mark on hit face that hs
" worked slewly, behind the others r that a
Chines frock, with stains npon its upper part,
of what nature does cot appear, wa found In
his bunk, together with a pair of trowsers,
" almost at wet at well-wrong clothes." The
evidence that he ' palled his hat over his fac
to bide" the mark from th overseer, was aa
t. l ,v. ; . . . i , ,
(laicrcocv waij vi iuo witue, lu rrjccicu
as atterly Incompetent
ia us prisoner kin 1 ord t ease, the evi
dence is that he " looked pale" on th morn
ing in question ; that " hi trowttrs were wet
from his knees down ;" that be was lata at
breakfast, and accounted for this by tayine
that he had " justcome in ;" that be "worked
slowly, behind tha others i" that a tilk klhel.
tbe property of Stpua, (on of th murdered
men,) was foand in his bank, rolled ap in a
There is colling to connect these circum
stances with any participation in tbe runnier,
or with any presence at or knowledge or tbe
crime. However significant they may seem,
and however natural it might be that they
should follow guilt, they in no manner or de
gree prove that guilt. It is impossible to say
whether the jury connected these facta with
the confession of tbe other two prisoners,
made in the absence of these men, and
therefore having co legal effect against
thtm, or whether hey assumed or infer
red callu In either ease, th verdict against
Earn Ford and Lauon it contrary to law, at
cot sustained by tbe evidence, which was of
an entirely unsatisfactory character to convict
them of tie charges alleged.
The judgment of the Court, therefore. Is,
exceptions crcrruled In case of Ah Chin and
Ague; verdict set aside, sentence vacated,
and new trial ordered. In case of Kam Ford
OCR old friend, the Rev. S. C Damon, D.
D., sails for tha United States, per fdoAo. It
la Just 27 years since he embarked on a voy
age, which after seven month landed him In
Honolulu Oct. 19, 1342. Mr. Damon came
In the ship Firtoria, John II. Spring, Master,
stopping on his way out at Valparaiso and
Callao, as was quite frequent at that time.
Ills charge delivered to him, by the Iter. J.
Spauldlng, Secretary of the Seamen's Friend
Society was as follows:
"The particular field of your tabors will be
the port of Honolulu, and the special object
of your solicitude, prayers and effort will be
the sons of thu ocean. In this com
mercial and central position between the
coasts of Asia and America, you are to stand
erect as a minister of Jesut Christ With
foreign residents you will be expected to
maintain a kind and courteous Intercourse;
and if thev shall be disposed to attend upon
your ministry, you will watch for their souls
as one that mutt give account Tour work,
though distinct from that of the missionary
brethren there, embraces tbe tame end tbe
glory of God Inthe salvation of men. There
fore, yon will co-operate with them; avail
yourself of their counsels, and let tbe world
behold bow pleasant It is for brethren to
dwell together in unity.
" In leavlog tho United States for a foreign
land, yon will remember that yon leave not
your citizenship behind. At Honolulu you
will be a citizen still of the land that gave
you blrtb, and entitled to Its civil protection.
The honor of your owe country, therefore,
as well as Chritlan and professional consid
erations will raase yon to abstain from ill In
terference with the local and political inter
ests of that people. Never let tbe preacher
of Christ become the partisan of tbe world."
And every one will concur with tbe state
ment, that he has well and truly kept and
performed tbe charge thus given to him.
Good health attend you and yours, old
"Friend" whilst you are gone, aud after
your return, all will desire to tee you going
cheerfully and Industriously about your pe
culiar work for many a year to come
JOIJIV S.JIcCKKW, M. I).,
PHYSICIAN AND SUSOFON,
012c is II L. Ohm's BolMioe, fort street. Ofice
hours, front Eight to Tea s. tnd from Three to
sir r. M. ittJMence oa luapMln street, Detween
Aouiaa and son cireeu. o-vm
ALIEN & CmUJSQWQRTR,
Will continue tbe Genera Merehtixlbe and Zuieping
poslaeta at ue toore port, wnere uey are prepar
ed to fursbh tbe Justly celebrated Ktwilhi PoU
toes, aad such ther AeeralU aa are required by
wasieemps, s to snortees notica ana; on loe most
reasonable tercv. t-hrewoodilwajecoband. ft-ly
Dissolution of Copartnership.
fTUIE COPARTNERSHIP hereto-
L fore existing between W. F. ALLEN and
W. F. CONWAY, doing business at Kawalhat,
Hawaii, is hereby dissolved by mntnal content.
All the liabilities of ths said firm will be
paid by, and all debts due th late firm will be
collected by JJeeirt. Alil-tJ Ulllliliinu
Kawaibae, March 1st, 1853.
Notice of Copartnership.
Mr. Samuel F. ChilliBgworth hav
ing purchased tha interest of Mr. W. F.
CONWAY, ia tie business of ALLEN 4 CON-
WAT, at Eawaihae. has formed a partnership
with Mr. W. F. ALLEN, under th nam aad
title of ALLEN A CHILLINGWOBTTI.
Messrs. A. k C. will eon tin no th business
at Eawaihae, aad will Toe prepared to (apply
all corners with th VERY BEST EAWAI
Eawaihae, March 3d, UM-SAt
EEVERE itj HOUSE,
Kiag Mt, tl4wBw8c Near ?rt
THIS FAVORITE m4 wcli-kaowa
Establishment Is now open for Boarders
aad Transient Visitors. Board, per week,
99,60 ap stairs, $1,00 down stairs.
Tfce Btt ttt Market ftwrat,
of every variety. wQl always he provided, wits
K-im ass jua, i-ropriewr.
LL PERSONS srita have STOCK
. of asy kit 4 raaalac oa ar aattsa, at
teosctia to restore la tatw, oa tc sstewt sa
firetiUyof May, IS,
Aad I iiuitwyifctwld aay aetata wsatawts
frost go ig a ay Load fori jmpmit
aoatias; Hot, Cattle, Hoes, or a say tV
er parpe, after tat tntatf ot asy, awor.
whkftct a -writtaa aatalf tstjt
SiprttiM PimrV-lii, Protatt).
la te laatHr of ib bWt f JU H. ttjikMrt.
ff STtwmatv, JnUh-m UJta, d. .
ui vi r
' JT a m to ta MaattaW J, W. Jtattia,
1 - -' f tW - rv.ttai? V w:i
JoMttt ef tha iaiiisat Cwtt Vy Sniy.trij.
llama. Sx tea tor safer ta Will, for priW of
th WiM cf JUcaard 8. C-HBaaro. of Kiatlatt.
Othu, d9Mtd. Sot Vt hereby jet r t
persons waosa It aay coaot, that FRIDAX.
th :6th day "f March last, at It o'rloek is
th forenoon. It a ttay aad how appalst! fr
bearing proof el said WUI, aad alt ohjtcttoat
' that, may U ofceea tai. at kW Court.
I Hous !a,tlt town cf Noaolul.
I Deputy Clerk Soprta Coart.
Iloaolala. Xareh II. 1S. 9-Zt
THK W.EKMX7rU, AdaaiaU.
tratort of th Estat ef th lata C. T.
NEWMAN, of Koloa. Ksuat, request that all
persons owing said Estate, will roak usmedt
att payment to. aad all ptrtoat hiring ehUsu
I against said Estate an requested ta present
j thtm to th undersigned, within six attatht
ftom th date of th first publieaiba cf this
notice,- or they will b forever barred.
MART ASK SEWXay.
Koloa, March 8th. IStg. t-lni
rTVUK C.NDKKSICNED, Kavlag hem
X appointed Administrator upon th Bstat
of JAMES MrSIUXE .n
j persons indebted to said Estat to mak ina.
dial payment, aad all persons having elalat
gaiusi wu Asm to pretest ia itat, wtlu
ont delay, to
Honolulu, March IS, 1st. fr-oi
TUB UNDERSIGNED, Excceter of
the irill or Andrew Fog. lata ef Hono
lulu, deceased, hereby giret notice ta all per
sons having claims against th Estate of .It
drew Fogo, to present th same, and all that
indebted to th Estat ar requested to mak
Honolulu, March 6lh, 1S. 3-Jt
TF MR. YOUNG, brother ef a zch
J tletnaa of that nam residing talltlo, will
call on Messrs. WALKER Jb ALLEN, h will
hear of something to his adraatag. U
Pioneer Family Bakery.
THE UNDERSIGNED would most
respectfully inform the citisena of Hono
lulu and th publl generally, that h bis leas
ed the above named establishment on King
Street, where he will carry on th Bakiag bus
iness in all ttt branches, commencing Thurs
day, March lSlh.
D-3t 0. VfTOJIKLM.
CALIFORNIA. OREGON AND XZXICO
San Francisco awl Mito Lint,
Th Company! Splendid A 1 Steamship
WILL RUN REGULARLY BETWEEN
Honolulu, and San Trancisco.
Depart are t.
sa taufco.) aoioicic. tax aaa'co. mavute.
Hon. April t
frbr. a rit --riwej-T ir sft Arm it
ifriO. llsr SiTtiu. Jena loSnn. l).. -1
Hbiify Jolt Sjrrkl-Jnlj le(Mon.Je.ea
IAbcral Advances Mud ok all
ShlpiaeatH per Steaaacr.
Cargo for San Francisco will b received
at the Steamer's Warehouse, and receipts for
the same given by tho undersigned. Ns
charge for storage or cartage. Fir risk ia
Warehouse cot taken by the Company.
Insurance guaranteed at lower rates than by
sailing vesself . Particular care taken of ship
ments of Fruit.
All orders for Goodt to Toe purchased la Ean
Francisco, will be rewired aad filled by return
SrShIpmeats from Europ and th Uniteii
States, intended for these Islands, will b re
ceived by the Company ia San Francisco, if
consigned to them, and be forwarded by their
Steamers to Honolulu, raze or cbaici, ex
cept actual outlay.
35l,Passeagera are requested ta take their
tickets before 12 o'clock on th day of sailing
and to procure their Passports.
All bills against the Eteamert must b pre
sented before two o'clock on tbe day ef sail
ing, or they will hav to lay over till lb re
turn of the Steamer for settlement.
H. UACKFELD Jt CO.,
HAWAIIAN PACrET IHfjS.
For San Francisco.
Tea mi ctrrrza Max
k CAMBRIDGE, k
MILLER, . . . , . faster,
Having part of her cargo, asd a large num
ber of passengers engaged, WILL HAVE
DISPATCH for the above port.
For freight and passage, having superior
accommodations for Cabin aod Etetrag Pas
sengers, apply to
WALKER A ALLEN,
HAWAIIAN PACK1T II1X
For San Francwos.
The following First-Class Vet- JK
tela will ran regularly to tie" JflHtJg
CIVKA K. JHCXMU
Zor Freight er ratsage, having Superior
Accommodations for Cabin and Stterag Paa
tengen, apply to
WALKER A ALLEN,
Past Um latJaJ aBajtxaBA Ij(tasaau2
101 Km am MMPKt, mmmm.
8chr. An rile. .
WDI rea aa a regular packet to aha atWra
pons, ror irettai erpMtc. awiy to-
e wa larrJja; assywaral lrar'sarBsatsasswssl SrwH Vaawv
Jk ichr. Actfv,
Will ma a a inrtW aatati ia aw abort
narta. LUa t S.AVAI XA. .sWtVUU'iie
yattaj apply to , ,
WALW Jr ALLMr,
Ftr MwtilUmlilf Kmmrnl.
H Air Tit,
rati euttnas staesi