Polynesian., 1853-01-08
Supreme COurt...January Term.

| Court immediately adjourned to Tuesday, when q
special jury of British subjects empaneled to try
the case of II. N Greenwell, indicted for murder in
the I'd degree. We give the testimony entire, in
preference to any general synopsis can make of it.
and would be glad to give the arguments of counsel
# We had room. A. B. Bates Esq. att. for the
crown, J. Montgomery, Esq, for the defense.
The King rs. II. N. GreenweH-This case
was called on for trial and parties answering they
were ready, accused was arraigned and plead not
guilty and the following jurors were drawn from
the list sent in by the British Consul General ac-
cused being British subject.
w. B. Brown, L. Spencer, Henry Macfarlane,
r. Clouston, ]. E. Thomas, H. Robinson, G. B.
Owens, w. Maxwell, A. F. Turner, J. E. Chap
man, Joseph Irwin, F. Spencer. And no objection
being offered to either of them they were duly
sworn to try the cause.
At the request of ]. Montgomery counsel for
prisoner the witnesses were removed from the
court in the custody of the Marshal.
A. B. Bates for prosecution opened the case to
the Jury.
Edward Hunt was sworn to interpret truly.
Keawe alias Limaheo, sworn for prosecution.
says Il know the accused, live at Kan on IIa-
wall, live long distance from accused, two days
journey about, was at accused's place of resi-
goats, saw him first after breakfast, saw Chi
ma cook there then, saw no other Cinnamon in
Mr.. Greenwell's room. only saw the cook he was
outside while was selling the goats to Mr. Green
well, / saw Chinaman go out of a window, Mr..
Greenwell ran after him and caught him, and be-
gan st liking him with his fists he knocked him
down and then got on to him and struck him with
his fists, while Mr.. Greenwell beating him,
the cook asked me to go up, and as went up
Greenwell lifted him up and his trowsers came
down; he eased himself in his clothes, was about
as far from Greenwel at that time as am now
from the water, after that Greenwell tried to get
him along, but he would not get up until the cook
had called three times to him, and then Greenwell
got him up and pushed him along to the house, he
then pushed him into tho house and the Chinaman
fell into the house and Greenwell kicked him,
was there and my daughter Aapai, and the Chi
nese cook named Choo, / saw the Chinaman after
wards inside the house, when Mr.. Greenwell call
was sitting on heap of corn trembling and shak-
ing like beast that had been badly used, and his
hands and forehead were turned blue, saw Green
well do nothing more to the Chinaman after that,
his feet and hands were not tied at that time.
never saw the Cinnamon after that, heard him as
/ was going away with my daughter, and as
went away heard the cracks with the whip, and
counted nine lashes, to where the other Cinnamon
were at work, did not see him after he was dead.
Cross examined, by j. .Montgomeru.-I stated
at the inquest that the Chinaman eased himself in
his trowsers. He kicked the Chinaman behind
l heard the Chinaman cry out when heard the
nine lashes, was going away.
Alapai, girl, sworn Says, admitted by the de-
fendent's Counsel, that the witness is the girl
referred to by former witness) | know the ac-
cused, | went to his residence with my father to
sell goats, stopped out while my father went in
to make the bargain, and little while after they
came out, accused cried out lilo and started off in
a run. did not know what was the matter with
him; I" lilo means gone"-we asked the Chinese
cook what was the matter, and he told us China
man had run away, my father and then went to
look, and the Chinaman was down and MIR. Green
well was beating him with his fists, it was Mauka
of the house, the Chinese cook asked my father to
go to where Greenwel was, and after asking him
twice my father went, Greenwell saw him coming
let him down, he then dirtied his pantaloons, he
then refused to go any father, and Greenwell
raised him and pushed him along, and the Chinese
cook cried out to him mocking him, when Green
well got to the house was standing by the door,
he knocked the Chinaman down, he fell with his
head inside his feet outside the door, and he then
kicked him. and the Chnaman got up and sat
down, and Mr.. Greenwell reached piece of iron
that was lying on the top of barrel and struck
ChInaman hafW fho cln - boJ
knob at one end and was about the length of nv
fore arm, the barrel was Standing upon the right
! OF the door, there was no bed in the room after
he struck him the Chinaman commenced stagger-
ing about and then sat down trembling all over
And Greenwe kicked him again, Greenwill then
called my father and myself and pointed out a
window and said that is the window that the thiev-
ing Chinaman got out OF, the Chinaman was set
ting down when he was struck with the iron by
lGreenwell, Mr.. Greenwell called nv father in to
talk about the goats and sat down outside watch
ling the Chlnaman, he tried to work at that time
but could not, Greenwell walked UP to him and
said Fake shanahana," but he appeared unable to
do 1t he locked like beast that had been badly
beaten and trembled the whole time, as | went
away with my father heard Greenwell call the
j cook into the house and lock the door and as We
went away we heard the cracks of the whip. and
! by the time we had reached to where the China.
linen were at work we heard about 20 cracks the
Chinaman was wailing like goat, saw no whip
IN Mr.. Greenwell's hands at all, should know
e piece of iron if saw it again; on being shown
witness identified it and says he had it in his hsnd
at one end as held by Counsel, saw it afterwards
i at Mr.. Cummings house.
Cross-erunined-Gree kicked the Chi
naman twice after striking him with the iron, |
80 stated on the enquiry before the magistrate, nv
father was outside the verandah; when accused
STRUCK the Chinaman with the iron, stated also
that thsS Chinaman dirtied his trowsen, l did not
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