The Hawaiian gazette., 1869-03-17
supreme Court. Hawaiian IS
lands.


US = III Ac-AAA< A1~cs u t4tc NttNAAA N~eNA A~%
the Secoaa Judicial Cireait. held At Lahaina.
Island Of Maui, and one Of the Hawaiian
Islands, an Indictment, wherein the defend
ants were jointly charged With the murder
Of one KAaResinA, at HAmakaspoko, on said
Island Of Maui, on tho lS1h day OF January,
1865, consisting Of three eOants, respectively
describing the odense As committed with an
iroa bar, By burning and snfoeztioR, and by
acts, means aud agencies TO The Attorney
General not known, Was duly presented and
found. At the December Term. 1858 Q;
said Circuit Court AZ Lahslna, the defendants,
at their Arrsigament, pleaded special pies
in bar, to the effect that the failure to prose
( cute upoa said indictment At the Term next
ensuing sfter the commitment Of the de-
PENDANTS for trial, and the fAilnre TO proceed
with the trial at the Term at which said in-
dietment had been presented, operated as an
aeqaittal Of the defendants under the stat
uts<. The Court overrnled this plea.
Defendants counsel thereupon moved for
adjournment until the next day, to prepare
afiidayits to snstAin = motion for change Of
venue, alleging thar they could present afi-
dsyits that nearly al Of those persons eom-
peten, TO serve as jurors on said Island of
Maui were interested in plantations upon
which persons OF the race 10 which defend
ants belonged. served as laborers, and that,
/ in their opinion. those who belonged 10 said
race uerited severe treatment aud discipline.
and were unworthy OF the same legal pro-
/ lection with Others; that the said murder
/ hsd greatly excited the public mind on said
Island. and that Oahu, 10 which it Was pro-
posed 10 change the venue, was free from all
these objections. The Court denied this
motion Tue defendants counsel then moved
/ for 4 separate trisl for each defendant, which
motion waS denied
4 plea Of not guilty was then entered.
/ Thereupon the Court proceeded TO impanel
4 jury, compelling the defendants TO chal-
| lenge each juror IS he appeared, the Govern
menr having hrst exeeneised its right Of
/ challenge, to which course the defendants
counsel took exception. The Court over
ruled the challenge Tor cause Of 5 E Bishop
and Raymond. after they bad admitted on the
yoir dire that they had formed and expressed
/ opinions regarding the guilt or innocence OF
( the defendants, which it would require evil
denee TO remove; the said jurors, however,
/ stated that they were not conscious Of any
/ bias from such opinion which would operate
/ against an impartial verdict on the evidence
When the panel wanted one OF being full,
aud ten peremptory challenges had been
made 10 the defendants behalf, without any
! express statement whether the same were
made for them jointly or for either Of them
SeTerally, their counsel sought TO make 4
peremp5Ory challenge in behalf Of An Chin,
and claimed that the defendants were en-
/ titled each 10 ten peremptOFy challenges; but
I he Court ruled that all the prisoners had
exercised their full right of challenge
Dr. kittredse, the medical expert, testified
As 70 the cause Of the death as follows: -
/ think il certain that the fire would have
caused his death The injuries from the IRE
were sufficient 10 cause his death, sooner or
lster. The injuries from the blows may have
been the chief cause Of his death. The in
f1enee of the two combined was undoubt-
[ sdly the cause. | know Of no other possible
cause II was my impression that the action
OF IRE was the cause. / could not tell whether
he died OF blows or confused wounds
should say he died of combination Of both
The blows msT have caused the death.
don't know if the ournss caused the death"
The declarations of the deceased only men
toned the defendant Agnes and three other
Cinnamon (as concerned in the assault on
him. which three he could not name, or in
sny way describe
Ouly the defendants Acuee and All Chin
made confessions, and the defendants Kan
Ford and LSuon were not present when the
confessions were made
The only evidence against Cheong ksm
Ford and LauOn IS that of the witness Gan
dell, who testified that on Monday morning
he ''Eent to the Chinese house 10 order the
Cinnamon to 20 to work; saw lauOn there
eating his breakfast; going to the cook-house
be saw me, and | saw defendant LauOn had
marx on his face, and that ne pulled his hat
over his face to hide il. / went along by him
10 the Chinese house, and there saw kan
Ford standing at the door with 4 cup of rice
in his hand CheOng Kan Ford looked pale,
and bis tTovsers were wet from above his
knees down. / asked him why he did not
get his breakfast when the rest did, and he
replied that be had just got in. They worked
along slowly il the field. and kept behind the
rest Of the gang 1t is wet between the two
eStates-there vas 3 vegetable garden near
the house and that of Witnesses GoOd2le
and kspihe, the former, manager of the plant
alton 10 which the defendants were attached
y AbOrers, and the latter not shown to have
been vel acquainted with the plantation or
familiar with the quarters Of the Chinese
there; that 4 silk kihei was found in Cheoug
Kan FOrd's bunk rolled up in ! shirt, and a
Chinese fruck in Lauon's bank with two or
three stains upon il on the upper part, and
pair Of trousers which had been washed, ard
were about Is wet as well-wTung clothes
After verdict Of guilty against all the de-
PENDANTS, motion for new trial was filed
On the grounds alleged in the Bill, and on the
additional grounds that the verdict was con-
trsrT 10 the law and evidence. and the weight
OF evidence, against the Instructions Of the
Court, and for alleged misconduct Of D. G.
Lee, one Of the jurors, who was overheard
10 s4y, before the Court charged the juTJ,
that :. Stanley, lone Of the counsel for de-
feusel might make those mems wills now"
The Instructions prayed for and given,
upon the subjects Of dying declarations and
confessions, upon the necessity Of proving
the corpus deficit BY other evidence than the
DEFENDANTS confessions, and Of Affirmative
proof 70 warrant a.ysrdiet Of guilty on either
count in the Indictment also that the Jury
must find that the Attorney General had no
knowledge Of the " acts, means and agen-
eies which caused the death or must ac-
quit in the third count Of the indictment, are
set out; also the further instruction, that the
i9ry must ind that Haauszinz came TO his
death either oy blow from = bar Of iron, or
some similar weapon, or b. burning and suf-
location, OF by some mysterious acts. means
and agencies not TO the Attorney General
known, and they can ind that he came 70
his death by the joint effects Of blow from
a bar Of iron or . similar instrument, and
DlEDllz Alu -11Dc1tlOli uloeI the last count
Of tie indietment," to which the defendants
counsel excepted. The Court also charged
the jury, that II any Of the defendants were
found 70 have been present, neither trying 10
prevent, nor Afterwards giving prompt infor-
nation Of the crimes, they would decide
from Al the evidence whether they were
present aiding and zbetring, melting or
instigsing.T or innOceufly; that If ali went
10 the house OF the deceased with common
intent 70 commit robbery or burglary, and
death resulted from the act Of one, unzuthor-
lied By the Others, the Law makes al equally