The Hawaiian gazette., 1869-06-23

were burning when we left. know that
Mr.. Neville was dead when 1 left him, be.
cause saw him lying with his face upward,
and three persons on him"
This is important, because If Neville
was dead at that time, he was killed by
the stone, in the heat of the melee, while
the stones were flying thickly, and though
Kahikokiu (the accused struck the body
with club afterward, if Neville was then
dead, he would have struck s dead body,
and not living man.
The trial turned on this point; for if Neville
was killed in the heat of the melee, it would
reduce the act TO manslaughier, Immediately;
but If he was only disabled, though likely to
die of his hurt. and the accused came back,
after he was so disabled, and struck the living
man, with a club, SO that he died, it would
be murder. But if he struck dead man,
however reprehensible and repulsive the act
NAV be, il would not be murder.
Kalinahe's testimony was the most import
ant, because he was one of Kaona's people,
and was, together with his wife, put on the
stand by the Government He was seriously
implicated in the killing of Kamai, which
took place in the afternoon of the same day.
Kalinahe, sworn, said: / live in Kona, Ha-
wall; was formerly connected with the
people of Kaona. remember the disturb
anee in which Mr.. Neville died
Were You one of the Kaona people at that
time. 18th of October. 1853
Yes: commenced TO live with them from
/ October, 1867. This 10Th of October, '6S, was
Monday. Early on that day, we were in
the lanai, which was prepared to worship
coming there on Monday, and so Kaona had
/ detained Us in the lanai, to wait for him.
Kaona had told Us, on Sunday. that if New
ille's party did any injury TO us, TO beat them,
but not take their lives, but tie them, and
make them prisoners. when they came down
and assaulted Us, then if We became little
angry, it was from God, and that then We
could beat them and take them prisoners,
but not take their lives Wewaited on Mon
day for their arrival, until near nine O'Clock;
We saw Neville, Moses Barrett, Kamauoha,
etc, and large number of persons coming
down toward us; We sent Kakina and Luna
awe. as Neville was approaching, TO talk with
him, and enquire his business, and the cause
of his coming: Kakina and Lumaawe told
them TO stop there" Neville said Ego on"
to his own party. Neville did not heed what
was told him BY Kakina, but came on to the
makai corner Of the north side of the lanai;
ksmai jumped ont and seized Kamauoha's
bride, and Kumukahi took hold of him by
the thighs; Pepehu and Kalama also took
hold Of him. Kamauoha was hauled off from
his horse, and fell to the ground; Kumukahi
commenced 10 fight him, striking him with
fists and sticks; Kamauoha got on top of
Kumukahi, and large number also got on
top of him, and saw Kahiamoe, q woman,
get stick and beat him on the head; then
ran 10 the south side of the lanai; saw
Neville on the north side; as came TO where
Kamauohs was being beaten, Neville had a
pistol in his hand; heard the report, and
when it was fred again saw it; Neville fred,
and Mokuhaaheo was shot through the thigh,
and be ran into the lanai. Our side was then
throwing stones, and the party from outside
were also throwing stones; went from that
part of the lanai 10 another part, and found
Neville lying down, but do not know the
cause of his being thrown OF; be was sitting
up, but blood was flowing from him; saw
kumukahi leave Kamauoha, and strike Ne
vile with stick, and kahikoku also struck
him with a stick; that is all saw then: our
lanai party were chasing Neville's people
away from the lanai, in every direction. The
Government side, {aupuni) had all retreated;
the drum sounded, calling all who had gone
some distance of, TO return to the lanai; Ne
vile was lying on the north side Of the lanai
when the drum beat; his body was lying
down. snd tied; when we came into the
lanai, two men, Kumukahi and Kahikoku.
came in and said they had tied Neville Ku-
mukahi said Neville was weak and feeble,
(nawaliwali loa,) and fastened him with a
rope, but be was not dead, (aole nae make
LOAF. At that time, when they were all as
sembled in the lanai, Lumaswe went to Ka-
ona, where he was alone BY himself. in a
house; Lumsawe and Kaons then came in
together to the lanai, Lumaawe stating that
Neville was tied with rope. and that he was
lying down. Kaona then told the whole 1
assembly, to ''a7 go and kill the man, as he
was rebel foreigner, and an enemy" he told |
Us to "go and kill him, and that God would 1
not be pleased, if we spared his life Kahi- |
koku was then in the lanai; he then stood |
up, took club, and went and beat Neville; |
it was club as long as mans arm. saw
Kahikoku beat Neville; he beat him on the |
neck, head, and all parts of his body; / did /
not count the number of blows: saw him 1
beating him; not very long; some minutes.
He was lying down; he was not sitting up; 1
l aid not sec SeriHe do anything at that fine;
saw that he was tied, hands and feet. After
Kahikoku had done this, be came into the
lanai; Il did not see Neville die,) then Ka-
ona asked him if the haole was dead, and he
said yes" Then Kaona said, ''God is pleas
ed with Us. as the rebel foreigner Is dead.''
Then we all went into the lanai, and had
InorSiip. After this, saw Neville's body.
and it was dead, make LOAF. His body was
lying all this time, outside About half an
hour after worship, went in the lanai; the
body was quite close to the lanai; kept in
the lanai; Neville was buried on Tuesday
following. the 9th. near FIVE O'Clock ,ha