The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-21


II must be an act Of disobedience That is punished.
! The right of the master Is limited to coercion 70 the
/ discharge of duty only not to unnecessar4 serSicc'
In this instance. he had no right 70 rs p:lc'on.
TIA odepse was clearly within the Jurisdiction OF
] the Court. Else why Lad the British consul asked
this special Jury for the prisoners trial! Ihe Juris-
diction Of the Court extended three miles from a lne
from Diamond Head to Barber's Point, ana II was III
testimony that the occurrence was within q quarter
IF . nile from the reef. He argued that 1t was un-
reasonable and improbable that there was . conspir-
acv between the witnesses for the prosecution against
Capt. Mason. He denied that by the evidences ~ was
He reparded the alleged insolence of Watson. pre-,
ceding the striking, as induced by the Captain ana
denounced the assault UPON him as most co"aruiy.
Mr.. Bates argument was quite iengthy-oser 'nIeo
hours-and we are unable to give more than the
briefest outline.
Judge Allen then charged the Jury in substance
as follows
The care for human life is the glory Of the Com
mon Law of England, and every man who causes the
loss of life is held to a rigid responsibility. Ii IS our
duty to come to this case, in which such o RESPONSE
bility is involved. with an impartial mind. The
Jury must carefully examine the facts ana aeclae
whether they can put their hands upon their hearts
and say that the defendant is guilty. The consider
alton o. this case, like most others, must be brought
into comparatively a limited circuit. and the decision
must depend upon a few points only. 10 the nrss
place, as TO the question of jurisdiction, the evidence
is that the boat was within q quarter of a mile OF the
reef, and consequently the affair is undoubtedly a
matter of judicial cognizance as much as II IT had oc-
Cured in Honolulu. The next point in the case is,
" hetber Zoe Watson is dead-a point which has been
dwelt upon by the counsel for the defence. lin con-
nection with this point the Judge read the evidence
referring to it'll Now, Gentlemen, you as sensible
men. must take the testimony, and say what you be-
lieye to have been the result OH Watson's life. Then
should you give your opinion that he IS dead, the
question is proposed, " Who was the author OF his
death % 1t has been urged that at the time OF this
affair the Captain was not strictly in authority over
Wafsop II ia n pripciDle in our Courts and the
Courts of England that n master OF q ship has direct
responsibilities of property, men and life: lie has
the right of inficting moderate punishment for
neglect of duty, gross carelessness, insubordination
and insolence. He has the authority, as the law says,
of Il school master over his pupils, or a parent over
his children; but should he overstep his legitimate
authority, he is held to n strict responsibility. In
this case the Captain, according to the evidence, in
cautiously commenced the conversation with Watson
in a manner u~nbecoming his position as a master. If
a master is guilty of commencing a dispute with n
seaman without cause, he has no right to punish him
for replying. The most eminent jurist in maritime
law declares that he that would command others
must command himself.
In this case defendant was in a safe position IN a
boat near shore. You are TO consider whether under
the circumstances there was any occasion for him to
use that tiller, and if he used it, and if such use in
your opinion was excessive, and exhibited a brutal
spirit unsanctioned by the law, you are then to con-
slider whether he has not been found guilty of a pal
pably unlawful act ; and then you come to the great
duCStiOh NIStuOt I ~ PShof ~
son rs to afford we'll grounded apprehension that the
Captain would pursue him with additional violence,
jeopardizing his life, or whether the blows were given
only in IA manner to express the Captains ~disappro-
baton of Watson's reply. II the Captain used this
instrument in a way to inspire Watson with a reason
BILE fear for life, and he jumped overheard on that
account, in some cases in England, the law declares
the deed to be murder. Here it is homicide. 1t has
been urged that Watson might have gone forward to
escape from the Captain. 1t is not necessary that a
man in such a position should take the best course to
escape. The law does not require it. The question
is whether there was a well grounded apprehension
of snch violence continued as would endanger his
life. IF you believe there was, you will find the
prisoner guilty of murder in the second degree as
charged in the Indictment, or of manslaughter, ac-
cording to the extenuadng circumstances of the case,
and if there was no such well grounded apprehension,
it is your due ito find him not guilty,
The jury having been unable to agree On any YER
dict, up to IL O'Clock last evening, the court was adj
journed at that hour till 9 A.. NJ, this morning. They
remained closeted all night, unable to agree, and may
return into court without a verdict.