The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-01-12

taken his word for it; discharged. j. III. c..
Pratt drawn, said that he had heard things for
and against the party, but having neither formed
nor expressed an opinion, was allowed to sit.
Nearly all the other ~jurymen were similarly chal-
leuged. The Court said that if there were any
who could not come to The hearing Of the case
with a perfectly impartial conscience they We're to
state SO to the Court. The following jurymen
were sworn
E. E. sSp + sSs5ssr. J. j.! II; m hG sssso.
q :. A ss@;S.' !. i j: s,s5si''
Henry cornwer, Al Cooke,
After the opening Of the case for the prosecu-
ton, by Mr.. Bates, the District Attorney,
DR.. c. +. GuiHou WIS called to the stand.
Deposed-He was a practising physician in Homo
lulu was called with DIR. Ford to attend "A post
norton examination of a native boy at station
house on a Sunday evening, last October had
seen the deceased body before on the Frances
Palmer body presented no external appearance
to indicate the cause of death, and no trace except
unusual dilation of the pupils of the eyes, which
in connection with previous rumor led them to
look to the head for the cause of the death. AT
ter opening the exterior, commenced interior ex-
animation by opening the Uranium upper sur
face OF brain seemed natural. but on lifting it
from the Uranium a large quantity of effused
blood was found accumulated there, and also
about the orifice into the spinal column ; the in
terror of the brain near the back also contained
some blood continued the examination down the
spine upon the outside, and found the third YER
zebra, think it was the third, dislocated, to the
right side of the patient, and about half an inch
out of the straight line of the other vertebre, and
so firmly fixed that we could not readily restore
it to its place, and did not do so. There appear
ed no unnatural growth about the spine of the
displaced vertebra, nor On those adjoining it;
we concluded the injury to be recent, and from
the unnatural effusion of blood, previously motto
ed, to be the cause of his death. Witness had
been practising upwards of twenty years.
Cross ErGmined-The injury which produced
the death was on the back Of the head, and rather
upon the right; it might have been partially from
the side the injury of the neck was on the third
vertebra there was no bruise or superficial injury
on the side of the head or any part of the head
the effusion might have been caused by the break
ing of a small vein, and Therefore, it is impossible
to say whether it anne entirely from the neck
but the injury in the neck would cause the etfu-
sion.
DIR. S. p. Ford, scorn-Had been a practising
physician for twenty-three years concurred fully
in statements of DIR. Guillou the injury must
have been produced from a blow from the back
and left, one blow, something coming in contact
with the vertebre of the neck cannot tell with
what the injury had been received the vertebre
are about an inch apart, therefore, it must have
been inflicted with something not more than an
inch thick it was probably by a hard substance,
something from half an inch to an inch thick; L
,vaS acnraipta1 with dnaaoSp1 tho rnpSclac about
the neck were very large; it is impossible to tell
the amount of force used a man might take a
plank an inch thick and infict it the process
was not broken, it was dislocated the muscles
were not broken, they were dislocated the de-
ceased came to his death from an injury in the
back of his head from external caases.
Cross Eramined-lnjury might have been in
ficted by a blow; have been on board the Frances
Palmer have not noticed any ring anything
would produce the injury that was hard and re-
sists, and half an inch or an inch wide.
II. l.. K. Wood, s,corn-In substance, deposed,
he was on board the Palmer, the evening of Oct.
10th when Horton returned to the vessel, supper
table had been cleared off; cabin boy asked Hor-
ton, if he wanted supper; he said he did, and
went into the cabin and partook of it; came out
on to the quarter deck with Messrs. Crabb, Ellis,
and witness deceased came up the after gang
way, and went to starboard side to shake a table
cloth on the after deck. As he was returning to
the cabin, Horton spoke to him, very kindly as
thought, and said Charlie, never put supper
on the table again. until | come down if l am
not going to be here, I'll tell you before 1 go
away but l shall always be here" Steward
went down, and Horton shortly followed what
in the cabin witness does not know
Horton presently returned to deck to where wit
ness and company were sitting, and said he had
TO speak to Charlie this time, because he had
served him the same trick a number of times be-
fore. In a few minutes after, Charlie came about
half way up the gangway. at the forward part of
the cabin, on the starboard side, and said ''my
hour for supper is 5 O'Clock, if you are not here,
YOU we got to go without it's Horton asked him
he said, and the steward repeated it. Hor-
ton then stepped forward and kicked the steward
with the side of his right foot, on the right side
Of the head, on the upper part. The stewards
head then struck a beam on the left side on the
ear he then disappeared from witnesses sight.
Witness next saw the steward on the deck in the
arms of those who came to his assistance. While
standing on the deck Horton remarked to witness,
he thought the steward must be stunned.
Cross Eraained-When the blow was given.
and deceased were looking toward the
wharf; Horton kicked c~rossways, he was not
holding on to anything; there was nothing harsh
,r unkind in the tone of Horizons voice: Horton
vas first officer of the vessel L did not see the
-aptain on board until two and half hours after
occurrence witness had heard deceased speak
of Horton cannot say if steward was intoxi-
knew he had been drinking.
Joseph Eds, s,oorn-Deposed mainly as the
,ravious witness Understood the steward TO saw