Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1880-11-27

vegetation the scorched ground for some time
to come.
Circuit Court Third Judicial Circuit No.
vember Term, 1880
The business Of the Term commenced at Wal
mea, Hawaii, on Thursday the 4th day of Novem-
ber before the Hon. A. F. Judd, First Associate
Justice of the Supreme Court, presiding; the Hon.
@. +. Hart Circuit Judge; Mr.. Preston, prosecutor
for the Crown.
CRIMINAL CASES.
Rex vs.. Amana-Sexual intercourse with female
under Ia. No appearance. Bond forfeited-S2OO.
Rex W.. Misunderstanding forged order. Plea,
guilty: Sentence, months at hard labor, with a
Rex vs. Kaluaokuha ku-H ousebreaking. No bill
found and prisoner discharged.
Rex vs.. Simerson Forgery. Defendant entered
plea of guilty. Sentence, months ut hard labor
and fine $50 second charge was not prosecuted.
Rex vs.; Kaona.Unnatural offense. Verdict,
Rex vs.. Kakosesllins spirtuoas f liquors With
out license. Appealed from Police Court at Hilo.
Verdict, guilty, Sentence, S5co fine and costs,
which were paid.
Hex Vs. Kauakahi-Cattle stealing. On appeal
from conviction by Circuit Judge Hart. Verdict,
not guilty..3 dissenting. Bickerton for defense.
Rex VS.. Mahiki-Perjury, End degree. The jury
were directed to find the defendant not guilty and
he was discharged Cecil Brown for defense.
Rex VS.. Koolau, Kaailau and Lipine-House
breaking. No bill was filed against Lipine. The
prisoners Koolau and Kaailau plead guilty SEN
tence Koolau, IL months; Kaailau, Is months !;
both at hard labor and costs
Rex Vs. Naturalization, (w)-Perjury 2nd degree.
Plea, guilty. Sentence, months hard labor
Rex vs. Jacinto Gomez-Charged with malicious
injury i'll the first degree in firing off gun, where
! by Chinaman wounded in the neck. Tho
injured pef.on had Il most marvellous escape the
| ball passing through the neck and out at the
shoulder r., blade, passing between the most vital
| and acquitted the prisoner. Cecil Brown for de-
Tense.
| Rex vs.. Amu-Unnatural offense. Unanimous
verdict of guilty. Sentence, 10 years hard labor
and So fine. Holokahiki for defense, who took ex-
ceptions to Supreme Court.
| Rex VS.. Kaulua-Larceny in 3rd degree On ap-
peal from conviction by Circuit judge Hart. Yer
Dict not guilty. Bickerton for defense.
Rex vs. Kaumai-Unnatural offense The jury
| acquitted the prisoner. Holokahiki for defense.
| Rex VS.. Observation-Disclosures of perjury. No
bill filed and prisoner discharged
In the matter of j. p. Maiau, Esq, District Judge
of misunderstanding by Deputy Attorney
General of misconduct in Office After hearing
evidence the Court discussed the matter, lectured
the Judge and ordered fine of $40 inhicted by him
for contempt to DO returned, and thought that not
sufficient reasons were shown to warrant his dis
missal as the errors were of Ignorance and not of
corruption.
The following criminal cases were continued to
next Term owing to the absence of witnesses: -
Rex vs. Kalua-Two charges of forgery.
Rex vs. Misunderstanding opium in possession.
Rex Kaloaa-Assault with deadly weapon
Rex vs. Appeton-Selling liquor to natives. Ap-
peal withdrawn and fine paid.
MURDER CASES:
Rex VS.. r. R. Observation-Disclosures in the
| LIST degree.
The following gentlemen were impa :, as
j. W. Richardson, Renton, Smith, Broderick, Page
Chaplin, J. Woods Patty and Rickard.
h. f. Bckerton and W. Q. Jones defended tht
prisoner. The prisoner was charged with the man
slaughter of Teburabura, native of the Gilber
Islands, employed ON the sugar plantation Of II
August last, on which plantation the prisoner wal
Overseer.
Six Gilbert Island natives employed on thu
plantation were examined and their testimony WA
substantially follows On the morning in ques
ton at about O'clock the defendant went int
the room where the deceased and woman living
sleeping. Defendant pulled the covering from TIN
deceased and his woman, exposing them DE
ceased was enraged and took up a billet OF Woo
used n pillow and struck out, striking the door
Prisoner returned and struck deceased with stick
A struggle ensued and prisoner got away and re
turned with cane knife with which he struck de
ceased with tho fiat side) ON the head. Anothe
struggle ensued and the deceased got into tn
prisoners with the prisoner and they clinche
together. The other natives interfered and sep
to his room and put on his pants. Prisoner re
turning with a gun pointed 1t at deceased, VIII
holding up both arms and uttering cry Of feal
rushed at prisoner, who retreated followed by DE-
ceased unarmed. After retreating 10 or 40 yard
prisoner fired at deceased, who received the charg
|
most instantly. The prisoner had been uniforml
kind to deceased. .ha
II. NJ. Whitney, examined for the Crown, said :
| Prisoner was my Overseer on the 10th OF Angus
last. At A. n. or little before started down
, put Chinese to work. had been gone about {
10 minutes when a Gilbert Islander came rushin
, to me and said there was "a disturbance at III
house. l came back and entered the house lot al
saw prisoner running along the wall from nati'
house, pursued by south h Sea issns"r. "a
, deceased about or PAGES apart, prisoner turne
both going at full speed, Prisoner suddenly turns
and fred at the native, hitting him in the throa
deceased fell on his knees and hands and role
over. ] saw the wound was n bad wound and mo
tai. The natives collected around the body and
ordered II to be taken into the house. He WI
: dead. had directed these people where to slee
\ Married people in room. The deceased W
/. not married nor did l know he was sleeping wi
: these women. The deceased had his pants {
: when shot saw no weapon in his hand. II
1 had one would not have seen 1t. was about
y feet off. After the body was carried in search
: or 10 minutes, not more than 10 feet away fro
the body all that time.-Cross examined;
: ceased was stont and yoang' weighed above
= had returned to his work. Was a passionate ma
: Saw him in passion on one or tive occasion
; Once when paid Cd for duty. deducted "
o sickness and 81 for clothing and paid him 81 on
% He kicked a dog twice | put him out. Had y
e been troublesome In particular. Prisoner b
\ complained that these natives were very noisy.
:, think would have noticed II deceased's han
" were up. My sight is defective. ! saw the IN
drop.
Fred Whitney, (son Of last witness) examined
II behalf Of the Grown: | saw deceased chasi
10 prisoner, and he then shot him. Prisoner v
d. about 10 feet in front Of deceased and close 70
TO gate II was my gum use II every week.
70 not used II that morning. ] never keep Il load
40 1 saw prisoner load it, He asked me for q Q
n fridge and gave it to him a No. shot He asl
Mt my mother for the gun and she gave Ii 70 him.
ID saw the deceased coming round. say nothing
II his hands. ! might have seen pocket knife.
n was on the verandah. The prisoner was going
I'D my rooIn. Ho said the natives were after b
Nd Don't think /! Lost sight Of him bsiore he met
~ ceased He half turned round and shot him. tn
~ were several natives standing about. vas sxcit
- This clopsl ths CASE for the prosecution.
y. 9. 6earle, examined Tor dsfspse, said