(The Pacific Commercial Advertiser, September 1, 1891)
Two decisions of considerable general interest were handed down by the Supreme Court in Banco1 at 2 o'clock yesterday. They were in the matter of two district magistrates. The main outlines are as follows: …
The second case was that of Noa Kaaa, district magistrate of Kaupo and Kipahulu, on Maui. He was found unfit for office and removed by the court2.
The facts brought out in the hearing are remarkable. On the evening of March 14, 1891, Kahele, a policeman, and a man named Hailama, went to the Judge to swear out a warrant for the arrest of a Portuguese who had just sold Hailama a bottle of wine.
The warrant was signed and sworn to by Hailama, but the warrant was detained by the judge because he thought one witness insufficient. The wine was then drank by the judge and the police officer with some friends.
After that, they went out, as they say, to find further evidence against the Portuguese. Another bottle was produced from somewhere, and this the convivial judge kindly offered to a chilly Japanese night watchman. It was not drank however.
There was more evidence, that the judge went to the Portuguese Sunday morning and told him he need not fear any prosecution, as the bottle had been drank by himself and others. But on Sunday afternoon things changed; the righteous Deputy Sheriff came down from Hana, and ordered the warrant served.
The Portuguese was arrested and tried on Thursday. The substituted bottle was produced and sworn to by Kahele as the identical bottle sold him.
Hailama, who helped drink the corpus delicti, swore the same, but the victim of these machinations, the unfortunate Portuguese escaped, on account of some technical defect, and the surface of the legal pond in Kipahulu became smooth. But the thing leaked out, and coming to the notice of the Attorney-General, proceedings were instituted.
The Supreme Court justly regards such proceedings as subversive of justice and not conducive to the well-being of the community and Mr. Kaaa was expelled and ordered to pay $50 costs. The policeman Kahele was also summarily expelled, and it now remains for Hailama to be prosecuted for perjury. Think of the solemn farce of the trial on Thursday, March 18! Justice must occasionally dance a lively jig in those outside districts.
Footnotes
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