1 Haw. 36 (Haw.Cir. 1849), The King v. Parish

Citation:1 Haw. 36
Opinion Judge:LEE, CHIEF JUSTICE
Party Name:THE KING v. B. B. PARISH ET AL.
Judge Panel:LEE, CHIEF JUSTICE
Court:Circuit Court of Hawai'i
 
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Page 36

1 Haw. 36 (Haw.Cir. 1849)

THE KING

v.

B. B. PARISH ET AL.

Circuit Court of Hawai'i, Second Judicial District.

May Term, 1849.

Syllabus by the Court

The Police Justices of Honolulu and Lahaina have jurisdiction over torts and wrongs arising upon the high seas, when committed on board of Hawaiian vessels.

The jurisdiction of our Courts extends to a marine league from the shore, along the coasts of the islands.

When a foreigner, who has committed larceny abroad, comes into this country, and brings the stolen property with him, he may be tried, convicted, and punished in the same manner as if the larceny had been committed here.

LEE, CHIEF JUSTICE

This was an appeal from the Police Court of Lahaina. The facts of the case appeared to be as follows: On the 27th day of April last, Joseph S. Adams, master of the American whale ship America, appeared before A. W. Parsons, Esq., Justice of the Police Court of Lahaina, and made deposition on oath, that Benjamin B. Parish, H. G. O. Robinson, Thomas H. Lowrey, John M. D. Brown, and John Magreery, sailors belonging to the America, had deserted from his vessel, while lying in the roadstead of Lahaina, on the night of the 24th of April last; that he had lost at the same time a whaleboat of the value of sixty-five dollars, five oars and a boat keg of the value of twelve dollars; and that he had good reason to believe that the above named Parish and others had stolen and carried away the said boat, oars and boat keg.

On this deposition, the Justice issued a warrant for the arrest of the parties, which was executed the same day, and the accused were brought into Court in the custody of the Sheriff. The prisoners at once objected to any proceedings of the Court in the matter, on the ground that the case did not come within the jurisdiction of the Police Court. The Court overruled this objection, and the prisoners were then called on to plead guilty or not guilty to the charge preferred against them. They then severally pleaded guilty, and the Court sentenced them to pay a fine of sixty-one dollars and sixty cents each, and to be imprisoned for the term of four months.

To this judgment of the Police Justice the prisoners' counsel took exception on the ground that the offense of which the parties had been tried and convicted, was committed on board of an American ship upon the high seas, not within the...

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