1 Haw. 44 (Haw.Super. 1851), Hubertson v. Cole
|Citation:||1 Haw. 44|
|Opinion Judge:||LEE, CHIEF JUSTICE|
|Party Name:||GEORGE F. HUBERTSON v. WILLIAM H. COLE.|
|Attorney:||Mr. Montgomery for plaintiff. Mr. Bates and Mr. Harris for defendant.|
|Judge Panel:||LEE, CHIEF JUSTICE|
|Case Date:||January 01, 1851|
|Court:||Superior Court of Hawai'i|
Syllabus by the Court
The Court stated what is the proper manner of making an arrest, under certain circumstances.
This was an action of trespass, brought to recover damages against the defendant, one of the police of Honolulu, upon an allegation that he had broken down the plaintiff's gate, on a certain Sunday in December last, and arrested two of his servants for flying a kite.
It appeared in evidence that the servants were flying a kite for the amusement of the plaintiff's child, and that the police hearing and seeing the kite, went to the gate, which was fastened inside, and demanded entrance. That their demand not being complied with, they raised the gate from its hinges, threw it down, entered, and arrested two Lascar servants for a violation of the Sabbath.
The counsel for the defendant contended that the servants were violators of the law providing for the observance of the Sabbath, and as such, liable to arrest. That the defendant had not exceeded his duty as an officer of the police, and before breaking the gate had made the proper demand for admission.
Counsel for plaintiff urged upon the Court and the jury that the flying of a kite was no violation of the Sabbath— that the breaking of the gate was wrong, inasmuch as the officers after demanding entrance should have stated, in an audible voice, that the case was one in which the arrest was lawful without a warrant; and concluded with a strong appeal to the jury to preserve inviolate the dwellings and premises of foreigners.
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