BAKER'S CASE DISPOSED OF,
He Pleads Guilty to a Charge of
Misprision of Treason.
II Anita fr Mercy on Account of
III Family Twentj-one Natives
Arraigned for Treason.
The trial of John K. Baker for mis
prision of treason, before the Military
Commission at the morning session
Batarday resulted in the prisoner
pleading guilty to both charge and
specifications, asking at the same
time for the mercy of the Court on
account of his family which would
suffer without his support.
Baker made an objection to Captain
Camara on account of a certain bill
handed to him by the latter which he
refused to pay. Captain Camara said
he had forgotten all about the matter
so he was allowed to retain his place.
The prisoner did not want counsel.
In pleading guilty to the charge of
misprision of treason and the specifica
tions thereto, he made an explanation
of his position. On the Sunday of the
outbreak at Walkiki, Charlie Clarke
called at his house and told him the
ex-Queen wished to see him at Wash
ington Place. Upon arriving her at res
idence be was told to go to the home
or a certain Hakalaau. When he
reached this man's house he was
given a revolver and told that he
would find out what it was for before
long. On the way out to his home
be saw the armed men of the Govern
ment going toward Waiklkl. This
frightened him and he hastened to
hide his revolver in a Chinaman's
banana field. The prisoner stated
that he had known nothing of the
outbreak previous to the time that
the revolver had been handed him by
XI & lc & 1 u
"I plead guilty to the charge and
specifications," said the prisoner, "but
I ask for the mercy of the Court. I
have been a hard working man all
my life and for two years, up to the
time of my arrest, I was working for
the California Feed Company. I was
offered a job on the police force some
time ago by Deputy Marshal Brown
but declined: because I was under ob
ligations to Mr. King of the California
Feed Company. Did not go into this
uprising with any idea of getting a
job under Lilluokalani for I was well
ilxed already. All I want to say Is
that I was deceived by Charlie Clarke
and I admit that I was wrong in not
informing the Government of what I
Judge-Advocate Robertson could not
agree with Baker's account of hia
wanderings. He bad evidence that
the prisoner knew of the distribution
of arms, but he was willing to "let
the matter go at that," pleading with
the prisoner for the leniency of the
After Baker's trial twenty one na
tives were ushered into the courtroom,
charged with the crime of treason.
None had any objection to the mem-,
bers of the Commission. - One chose
J. M. Poepoe, and five Ka-ne as coun
sel. Ka-ne asked that he be given!
until Monday for preparation on the
cases since the specifications had not
been served until the morning of the
trial. The request was granted and
adjournment taken until 9:30 a.m.
TATCO TJDmr Xf A TTT
iwiiiO CAUiu iun.ux. .
mi ' t i r r A. '
miny oases oi uerman jneasiaj
Among School Children.
Maui, Feb. lb. Mrs. Wood, the
wife of the Honolulu physician,
has been the guest of Mrs. David
Center, of Spreckelaville.
The Paia Foreign Church has
just received a rew coat of paint.
Engineer Maynard, of the Kahu
lui Railroad Company, has been
visiting Olinda during the week.
There are thirty cases of German
measles in the Makawao Govern
ment School, and fourteen mem
bers of Maunaolu Seminary, in
cluding one of the teachers, are
also afflicted with them.
In Makawao district Saint Val
entine was1 duly remembered, and
the interchange of ver8es, crude
but full of pointed significance,
seemed to be most popular.
Cattle are fat on the Kula plains.
A ranch in the vicinity recently
shipped a bullock to Honolulu that
weighed 660 pounds.
Strange to relate! Jack Frost
has blighted the grass in the region
mauka of Kamaole, Kula. This is
his first visit, and the vegetation
presents a, dry and withered ap
The children's dancing "school
held its usual weekly meeting at
the Dickey's, Haiku, on Monday
night, the 11th instant.
Miss May Baldwin, who has been
visiting in Lahaina for several
months, is expected at her Haiku
The recent tidal wave at Maliko
not only washed over the roadbed
but some distance up the ravine.
Politics are most quiescent all
The brigantine Consuelo, Jacob
een, maBter, arrived in Kabului
harbor Tuesday night, the 12th in
stant. She made the voyage in
sixteen days, and brought general
merchandise for the Haiku Sugar
Company. She departed today on
her return trip, laden with G,300
bags of sugar from Paia and Hama
kuapoko. . vessels at present at the moor
ing. Weather: During the week a
eouth wind ; a southeast rain, fol
lowed by very coM temperature.
In the Snpreme Court of the Ha
Dkckmhek Term, 1804.
BEFORE JUDD, C. J., BICXEBTON, J.t AND
CIECUIT JUDGE WHITING, WHO SAT IN
PLACE OF MB. JUSTICE FBEAB, ABSENT
Anna Long vs. Wai Fono, Ah Lee,
Cho Sing, Sow Pons and Wah
Sing doing business under the
name of Kwong Yicx In & Co.
APPEAL FROM COMMISSIONER
OF WATER RIGHTS,
Plaintiff's grantor of a water right had al
ready parted with one-half of the water
by a lease whose term was unexpired.
The lease contained a recital that the
other half of the water was already
leased to another party. Held, that
plaintiff being merely the reversioner
of a water right could not bring the
action it not being for an injury to
OPINION OF THE COURT BY JUDD, C. J.
The plaintiff claims that de
fendants have diverted the water to
which she is entitled for her land in
Panoa, Honolulu, her right to same
being eight hours How of water from
a spring called "Kaaikahi," on every
Sunday morning from 9 o'clock a.
m., to 5 o'clock p. m., and the Com
missioner was asked to settle and
decide the controversy. The defend
ants pat in an answer wrongly called
a "Disclaimer" by the Commissioner,
denying that they have interfered
with any water rights of the plaintiff
in Panoa, Oahu, and averring that
the complaint does not state what
land in Pauoa is entitled to the pre
tended water right of plaintiff.
Among other evidence plaintiff in
troduced a conveyance dated the 8th
September 1894, from Mele Keoki
(w) and her husband N. Keanini
Haole to C. W. Booth and Anna
Long, conveyiDg the water right set
forth in the complaint On the part
of the defendants there was intro
duced a lease dated the 10th June
1891, by the said Mele Keoki and her
husband N. K. Haole, to Kwong UDg
and HoDg Chew, demising to them
for the term of ten years a piece of
land in Pauoa. Oahu, held under
Royal Patent No. 6644. The lease
reserves a house lot ont of this laDd,
and contains a mutual "agreement"
(t) that "of the watr that flows from
the spring on the land hereby leased
one half shall belong to the piece of
land now leased to Akoi that is the
Becond of my (the lessor') pieces of
land in Pauoa, and one half of the
water shall belong to this land here
Mele Keoki testified that the land
demised by the above lease contained
the spring called "Kaaikahi," and
was entitled to the water for eight
hours each Sunday from 9 a. m., to 5
p. m., &c.
The Commissioner rendered judg
ment in favor of defendants. On
the appeal, which is taken upon the
record sent up, the plaintiff's coun
sel makes the following points: (1)
'Can defendants justify, as to one
half of the water, . nnder the lease
which has been introduced to show
that plaintiff's grantor had previous
ly parted with one-half of her inter
est? (2) Is an alleged lease not intro
duced, evidence to show that she had
previously parted with the other one
(3) Is there a non joinder in that
C. W. Booth is not made a party?
The last point was not made by
defendants and so we pass it by. It
was curable by amendment. "We
think the Commissioner was right in
finding" thai the plaintiff's grantor,
Mele Keoki and husband, had parted
with all their. interest in the water
from the spring "Kaaikahi" before
she made the . conveyance . to C. W.
Booth and Anna Long. As detailed
above the lessors demised the land
containing tbo spring and half of the
water to Kwong Ung and Hong
Chew, and six years of the term re
mained unexpired. The lease recited
that the other half was already de
mised to Akoi. ! . A .
It was not necessary to put in evi
dence the lease to Akoi. Mele Keoki
was bound by the recital made by
her in the lease to Kwong Ung and
Hong Chew she could not nor
could her alleged grantee dispute it.
Being recorded it put Mrs. Long on
enquiry, bee Keawe v. Parker, 0
Haw. 498; Wade on the law of
Notice, Chap. IV, "Notice from title
papers." p. 134.
It is stated by plaintiff's connsel
that it does not appear in the evi
dence that defendants are the hold
era of the lease to Kwong UDg and
Hong Chew, and so far as it appears,
the defendants are mere trespassers.
But the lease contained no covenant
against assignment and no claim is
made of forfeiture for non-payment
of rent or breach of condition. Mrs.
Long is in no better position than
defendants, for she is merely the re
versioner of a water right already
demised to third parties. Her right
to sne is limited to injuries to the
inheritance, which is not this case.
1 Tajlor Landlord and Tenant, sec.
In Water Right controversies, as
in actions generally, the plaintiff
must show his right of action. The
Plaintiff failed to do so in this case
and the appeal is dismissed.
J. A. Magoon for plaintiff; W. R.
Castle for defendants.
Tkofort TTrmrilnln TTiI-ii-t-i ore 1 1 IfiOfJ.
as of the December Term, 1894.
i;U31MJi.UUXAl - ADVERTISER: noyOIiUIiU, FEBRUARY 18, 1895.
Are you interested in the
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