The Hawaiian gazette., 1869-08-11

tatio-S- allN " Ait uAAttCAS 0u winch = tt0h
trial may properly be granted by this
Court, under its general supervisory pow
er over the inferior courts or otherwise,
may come here certified up, as in other
cases, and such action as law and justice
demand will be taken thereon. OF course
the Statute provisions fO- writs Of error,
mandamus, cer,iorari aud other writs and
processes. and for appeals exist in cases
applicable thereto.
This course gives parties accused the
full benefit Of regular and legal trial upon
the merits and law, and Of the opinion Of
this Court upon the rulings of the Court
below, as well as upon the question whether
the verdict is sustained by the evidence.
The power of this Court to grant new
trials for errors not of record, such as want
or insufieiency of evidence, the weight Of
evidence or the Instructions OF the Court,
may be regarded as inherent to its general
equity jurisdiction and experimenting
power over lower Courts, in furlhennce
of justice. (See remarks of Parker, c.
j., in Com. vs.. Green, II, Mass. SIS.
In this case the Court is asked to set
aside the verdict on the ground Of INSULT
cheney of evidence. The principles are
clearly defined and well established, on
which our decision must be grounded.
The Court viii not set aside verdict be-
cause we should have drawn different
conclusion from that drawn by the jury.
Where, in criminal cases particularly, there
was legal evidence directly tending to sup
port the verdict, or where there was con-
flicting evidence, there is no legal author
ity for granting new trial for want Of
evidence. billiards New Trials, p. $40,
ami [Shaw, C. J.. Wilton vs.. Old Colony,
? Met. S.
The bill presents evidence pointing
strongly to the conclusion that the defend
ant was once insane, and from which the
jury might, perhaps, have inferred that
he was not legally responsible, as free
moral agent, for the offence charged.
They did not SO find, and that was excIu-
sively within their province.
1t was in evidence that the defendant was
the spiritual leader of a considerable num-
Der Of persons, assembled together, osten-
sibly, for religious purposes that the dead
body of Sheriff Neville was in their
possession, aud had been refused, at
the defendants instance, to those who
had requested it; that, in evident ex-
pectation of an attempt to regain the
body, the defendant had exhorted his
congregation as to the course they
should pursue, in case such an attempt
should be made. The verdict Of man.
slaughter, which, &c ri teTmiRi, negatives
the idea of intention or malice afore-
thought, renders the evidence of previous
declarations or acts inapplicable to the
count charging as accessory before the
fact. arch. CT. Pr, p. ~
But this evidence bears upon the
count charging as principal, as tending to
show a state of things, and a condition of
the defendants mind, from which he would
be likely to take notice of the commission
of this offense, and to interpose and dis
countenance the act, if be did not approve
it. There is a conflict of evidence as to
his position, when Kamai was killed; but
be was in his own house, as the
weight of evidence strongly tends to
show, or in the lanai, there is nothing to
negati &c the probability that he knew all
that was going on. Under proper in
struetions to the jury, upon the subject Of
legal presence, knowledge, and willingness
to assist, if needed, in committing the
deed, and upon all the evidence, the jury
were warranted in their conclusion of the
defendants guilt. Moreover, the defend
ant appears to have been the moving
spirit in the whole affair, and to have had
both power and opportunity to guide and
direct the others. His influence over
others being large, his responsibility is
proportionately large. So far from at
to restrain his followers from
this unlawful act, he expressly sanctioned
it. by declaring that it was right that the
man was killed. By the solemn verdict
Of the jury, he has been found guilty, to-
gether with the deluded men who acted !
under his influence. By all the rules of
law, as well as upon the merits, this YER
dict is affirmed.
Motion denied, and exceptions overuled.
A. F. Judd for the defendant.
Acknowledgement S. Ii. Phillips for the |
Grown.
SunremQ COurfTnIv Term