The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1865-12-30
Communicated

Crncurr CoUsF AT SAUIBy from Laaina
the Circuit Court for Maui
disposed ethat of Mr. Hitchcock of the
on .ome coolies etnpoyei on the plantation whereby one Of
them vas woGndi IN the leg The Jury appeared to hink that
there Justification proved and brought in verdict Of
500 and to be imprisoned twenyfour hours.
Mr. EDIToR The above communication ap-
peared in the Gazette of Saturday last respecting
the trial of Mr. Hitchcock, at Lahaina, before
the Circuit Court, for assault with q deadly
weapon, &c Justice to Mr.. Hitchcock requires
that it should be stated that A1essrs. Cornwell,
f. p Adams and j. Z. Cover, of the jury, rem
dered verdict of - NOT GUILTY. by which. L
suppose, they meant that the firing was justified
by the circumstances of the case and also that
intelligent, upright and peaceable who lis
tened To the whole testimony as spectators, most
fully indOrse the verdict of the dissenting jurors
and fully believe that il the timely discharge
of the pistol alone which prevented a massacre
attempt at one The foreign and native wit
nesses testified that there excitement and
anger. and rush beyond point which Mr.. H.
had told them they must not pass. (bccausc. if al
lowed 70 do 20. he and those with him would be
UverpOwcred by HumberS.) and hostile demOnstra-
lions with sheatl-knif,.. accompanied by threats
and cursing in English. and preceded by throwing
missiles at the women who were disposed to go To
work Opposed TO this the testimony of the
Chinese interpreter. that they were peaceable and
not angry that he did not any missiles thrown
or any knife shown and this BegdtjCe testimony of
what ne dd not see by the Chinese interpreter is
offset against the p0Sjfire testimony of both native
and foreigner of what they did see.
IL seems that the appearance and actions and
gestures of the Cinnamon produced the same i'm
preston of hostility and violence by the Cinnamon
upon the foreigners who present, and the
united rush past the designated place indicated a
personal attack and the firing of the pistol at this
time was a defensive measure and. in the opinion
of some Of our best mal. not only Justifable. but
necessary. fnreStal bloody result. 1t
seems To that this. To stand a hand to hand
fight tO turn and run. were the only alteTna-
tivrs aud the shot aimed at the legs plainly indi-
Gated the desire 10 reduce the muueeTs to subOr-
dina tion with the least risk and injury tO them
possible. The Cinnamon might have been
peacefully disposed than their actions appeared TO
the foreigners and natives Indicate. but that Mr..
H. and the others present belieUed this To be
one OF necessity there i not doubt. and no
OF common prudence who was called To reduce a
company of men To- obedience and subOrdinatOn.
whether AsiaticS. Africans or Europeans. would go
about il without preparation to defend himself
from any attacks that might be made upon him
whilst engaged in the performance of his duty. and
such preparation would not be the result of malice
or passion. but of mercy: many certainly beiisUe
that the prompt action in the present instance
saved a general attack and massacre.
Whether it would not have been polite TO have
Welded or acceeded To their wishes about the time
of payment. is question with which the action of
which have spoken had nothing to do.