The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1874-10-17
The TRIAL Of Morrow.

the Supreme Court, before a foreign lhfy' i~
trial occupied the most OF the day, aud The lhfy'
after several hours consultation. failed 10 Sgree
and were discharged. On Saturday morning a
new jury was impAnelled and the case retired
when a verdict was returned Of guilty under the
second count Of the Indictment, which was for IAN
assault with a weapon obviously and imminenuy
dangerous to life ? The prlsouer was thereuPon
sentenced TO pay a 6ne Of 500 aud be Imprisoned
for a term Of ten days. The Attorney General aP-
reared for the Crown and Mr.. A s Hartwel for
the prisoner. On the opening Of the case a motion
to auash the indictment was overruled. TO which
ruling exceptions were taken, and argued on Tues
day last before the Chief Justice aud Mr, Justice
Harris. On Thursday, The Court gave its decision
setting aside the exceptions. ~
The following is the charge OF The Court 10 The
jury on Saturday
GENTLEMEN OF rHr JuRY The duties Of Jurors
are grave, and ia cases like this they are momentous
duties, and more especially IL this The case With .
jury Of foreigners in this community In the eo1n-
tries in which yoa aud | were born, IL happens that
generally not more than once Ia a mans lifetime 10
he called upon to pass upon the l.is or the liberty Of
his fellow man. But here the limited number Of
those who may be selected for jury duty CAUSES that
the same persons are frequently called. As Is na'u-
raj. your sympaihies have been appealed 10 in this
case. Dut n , jurors yNef Nohto ~ 'NN'f @N WV"
what measure ye meet il shall be measured 10 you
again. AS you discharge your solemn duties to-day,
so will the results surely eome home to you In this
community. Your oAths are solemn aud binding.
The law you must take as II Is given 10 you by the
Court, and IL you are true to your oaihs. you will 50
take il, and | now so charge you. That is the rule
here, and always has been.
With these preliminary remarks. which | have
thought il proper to make, | will read the statute nn-
der which this charge is brought
His Honor here read Sections 6 aud 8 Of Chapter
9 Of the Penal Code)
The jury have nothing to do with the matter Of
punishment; that is for the Court to determine. You
are to pass upon the facts as charged and described
in the law. rtr
The first question before you Is. Did the prisoner
make an assault with the intent 20 murder. II you
disagree as to a verdict on the fret count. IL is your
duty, and l so charge you, 10 bring a verdict ON the
second count IL you shall be convinced that the as
sault was made at all. and not to let a verdict hang
because Of n disagreement on the counts. 1 mean
by this, that those who believe that there was an in
tent to murder may readily and oOnscisptiSusiy yield
TO those who believe the assault to be proved, and the
intent not.
As TO the prisoner not being allowed 20 testify
on his own behalf--be il not allowed 10 do 80 by
ltc w VI AhF ohh "
the evidence as given to you, aud on that alone.
The testimony is mainly by the men attacked
supported by the native woman and tbeI native
man. Aud frequently who else but the attacked
can give any evidenced
THE testimony Of Gertz was then recapitulated
in snbstance) .tg4
1t is in testimony that G4riz and Speckmann
used their canes freely The point Of The case
comes when they got into the front room did the
prisoner come behind them and make the attack
with the knife, while Christensen was trying TO
open the door for them to get away This Is con-
6rmed by the testimony OF the Hawaians. How
did this ARRAY begin2 Speckmann spoke 10 the
woman Cor more properly tho child, for she Is
nothing else) in the naeve language ;totbis the
prisoner objected, hence the ARRAY commenced.
The defence is that Speckmann commenced the
assault with his cane. Speckmanu says the pris-
oner first kicked him. t-.fE
My charge is that II, after ID, alteration with
Speckmann, and the separation -4one going into
his own room and the Germans goiag iuto the front
houss-the prisoner returned there, armed or un-
armed. with the intention OF ecommencin the
ARRAY, then be was the aggressor. a. ts contrary
10 reason and absurd 10 say that because Speck-
mann may have put his arm around the neck OF
this common prostitute, that the prisoner had "a
right TO resent t.. Morrow (the prisOner) went
back into his room Gertz and Speckmann went
into the front room. to go away " The priBoner
then came back, armed with his knife, aud ad-
dressed them AZ is said, he was the ageressor, and
his hot blood IL no defence, IL Is the rule that II a
man has any time TO reflect, and then assaults. he
is held guilty. II | may follow Hp| my ihjdry in
fifteen minutes, why not ip an hour Why not the
next day. Why not keep my blood hot, and " shoot
a man on sightr" The question Is did this man,
- a. 5000 ....tf, oaa..Is 49,. 49,. u..u -
| Christiansen's house, with a knife A knife is u
weapon or not accordingly sdt IA used A. hoe.
or a sythe is a useful agricultural implement, but
is Certainly o weapon obviously and immInently
dangerous to life when used for attack A knife Is
such, under the statutes Of the country, when used
in aggression. A clasp-knife Is certainly such.
And IL you are satisfied by tine evidence THAI the
prisoner used such a knife on Gerfz and Speck-
mann, you will hnd him guilty, and there is no
extenuation by law IN The case Of the second STRAY
| give you the law as IL Is, under the solemn
responsibility that is upon me, and your condolences
are not TO be burdened with that subject. Malice
Is to be inferred from acts. The man who threw a
brick from the top Of a house into the street below,
and killed another, was held to be guilty Of malice,
and was convicted. II / nre a pistol In a crowd,
and somebody is shot, ! am guilty Of mansiAhgbter
or murder under the law. We cannot make inqui-
sition into a mans conscience, but If one does an
illegal act, malice il presumed. Justification or
excavation. is where a man takes life legally, or
in defense Of bis own. Otherwise he becomes the
avenger OF his own act. In cases whete aagres-
siops haye been committed against the ipnais
members of a mans own family, luries, but not
Judges, have extended this rule. BIT there Is no
element OF that kind in the present case, "A must
be a selfdefense. Had Gertz and Speckmann fol
lowed the prisoner into hs own room It would
have been a totally different thing.
You must take the testimony as il jA az to the
mode Of attack. If a man seeks another with
aggressive words, being armed, be does it for the