The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1863-04-16
CFrom the :. F. Evening B~ulletin.)
Examination
OF all the Witnesses as to the Identity of
the Kanaka Harry.

i has been confined IN our clty prison ;Or over l.
o months, on a charge of killing Capt. Hussey o
the whaling brig William Penn, on Ehe 9th Of No
vember. 1852. was concluded Yesterday before
Judge Hoffman, of the United States Distric
Court. On the day previous one Of the witnesses
for the defense (Judge liz was examined who, by
his knowledge of the occurrence of ether events al
the time. cOrroborated his positive Identification
of the prisoner having been in Honolulu on the
night Of the 9th and day of the lOIh of NOvem-
Der, 1852, a place over 1000 miles from Strong's
Island. the scene of the murder. which it is
alleged took place three days before. Yesterday
the first witness called, c. kapaGgea. testified
positively to the identity of the prisoner, as be-
ing the son of one of his people, who in 1916 he
took with him from Lahaina to Honolulu, and
that from certain circumstances, some of which
were stated, he knew the prisoner was in Hon
olulu from 1851 TO the time of the late Kings
death, in 1854. There could be no possibility of
his (witness) being mistaken in the prisoners
identity, or of his being in Honolulu at the time
of the seamen's riot and fire on the wharf in
1852. j. Koii identified the prisonec as being a
relative of his, whom he had first seen in Hon
Olulu on the 18th of March, 1852, and again on
the 31st of July of the anne year, (both being
festive days among the islanders,) and that on
the night of the emeute of the sailors of the
whaling fleet in Honolulu in November, 1852,
when a building was set on fire, that the prisoner
and himself had saved some property from the
burning building, which they had Jointly carried
to Il place of safety. Also, that on the next day
/ after the IRE tIeE mao, In connection with Judge
Iii, rescued one of the rioters Ca mule ttO) from
the hands of two Tahiti natives who were beating
him (the mulattO) badly. K. a. 5. Wood, who
is temporarily stopping in this city, testified that
he had been Il resident of Honolulu for over 20
years past that the sailors riot and attendant
fire occurred in the month of November, 1852
that on the Goth of that month, some two weeks
or more afterwards, he took passage in Il vessel
for San Francisco, and had for a fellow passenger
Charles Rand, the present United States Marshal.
The witness also testified as to the high standing
of the witnesses previously Examined, stating
particularly that the character of Judge Ii for
truth and conscientiousness had no superior in
the estimation of the white inhabitants of the
Sandwich Islands.
One of the witnesses for the prosecution,
jackson, testified that he was on board the brig
William Penn. at Strong's Island, in 1852,
where ii or ID natives were shipped (among
whom was the prsoner) for boats crews; that
when about three months out the mutiny occur
red. and Capt. Hussey and one man were murder
ed by the natives, who then deserted the vessel.
Had not been to sea with Kanakas before. The
only change in the prisoners appearance since
the time of murder was that then he was quite
fat and had very little beard while he is now
lean, with a very heavy beard. Had not seen
prisoner until after his arrest, and then first
heard of it through the papers. Went and saw
Capt. Nelson, who told him he was sure it was
the Harry from the WIAia,n Penn, and with him
visited the prisoner in the Jail. Walked up to
lIISoilcI anu iOOhSu CLOSELY Il MIN LOT ABOUT q
minute, and then said, Ia that you, Harry ?"
lie stared, but said nothing, and did nos seem to
recognize him. Heard the jailor ask prisoner if
he knew the witness, and prisoner reply that he
did not. Witness then told Nelson that he was
sure that the prisoner was the man Harry.
Thought Harry in 1852 was about 81 or % years
old. On the cross-eXamination witness reasons
for recognition proved rather unsatisfactory, and
be ended by producing the effect on those present
that 1T was quite probable he was in error as to
identity.
Capt. Nelson being called, testified as to the
circumstances of the voyage and mutipy, and
that lie had not seen Harry since then
until about is months ago, when he saw and
recognized the prisoner on board the whal ,ng bark
CdY3b, Capt. Way. Witness then questioned
Capt. Way about HIM: also told Capt: W. all
about the alleged part taken by the prisoner in
the murder Of Capt. Hussey got no preof from
W ay, with whom the prisoner had been . voyage
previously, and as the CGrb was ready for sea,
got Way to promise to ask the prisoner certain
questions while away. That the questions (not
1t all of Il convincing characteI5 were reported
Is asked by Way while at sea and answered by
prisoner partly in the affirmative, hearing which
IN the return of the CdTib, and seeing prisoner
Walking up and down the wharf, lin front of the
CdTib) he went to Capt. Goodall and told him
he man Harry was then on the wharf, and got 5
ioodall to 90 and take Il good look, and s2e if he i
bought the prisoner was the man who had been t
III board the William Penn that GOOdall did 90 i
lE-'S+1 'N 1880 S'"t ~
prisoner was the man Harry hearing which e
witness went 10 Chief Burke and had the prisoner {
II arrested thought the man Harry was about 90 e
- years of age at the time the of mutiny. Cross L
Witness stated that he told Capt. .
ioodall at the time he first saw the prisoner on
Oard the Cdrib that he was sure the prisoner was
he man Harry, but Goodall did not 90 to the
arb, to identify prisoner, and as Way was 7
eady for sea he got Way to promise 20 ask
ertain questions, which he expected woulG iden-
fy the prisoner and he further prOof Cant
'Oodall testified that he had seen the Kanaka,
larry, at Strong's Island in 1852, and had seen
i'm on board the William Penn more or less for ;
week, while there. Had not seen him since =
ntil he went, by Capt. Nelson's request, &c iden- -
ty the prisoner, who was then on the wharf.
o the best of his belief, the prisoner was the
-anaka, Harry, who he had seen on board the
William Penn in 1852. Was not certain enough
swear absolutely that this was the man. but ,
Ould swear that he believed he was the man 4
The prisoner looked so much like Harry =
lat he thought it was either Harry or his ghost; 80
lat Harry an 1852 waS a tall, slim, withy man wi
I'd about % or - years old.
During the examination Judge Hoffman fire.
lently asked questions so as to elicit as COM Is,
etely as possible the entire knowledge of the vie
illnesses in regard to the prisoner. The general an
cling of those present was that it was a case of
lStaken identity with very strong proofs in are
vor of the prisoners innocence. Bs
The case of Heleike is somewhat similar to the an,
sc of Berdue, who, in 1851, was mistaken for -
ewart, and was arrested, tried and convicted
the charge of murder, on the most positive ".
as to Identification, and only escape