The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-06-04
The Manslaughter Cases.

Tortin appcared before Mr.. Justice Bickerton,
IN answer q charge Of manslaughter in the
second degree. The proceedings were Instituted
by The Attorney General Cad. interim) III eonse-
quence of the verdict given at the inquest on the
body Of David PaahsO, who was killed ON goth
ult. by the fall of the ShooI-roOm at the Roman
Catholic College Of st. Louis Of which Father
Larkin Is the President. The case had been
continued from the previous Thursday and IN
the meantime it had been intimated To the Rev.
gentleman by the attorney conducting the pro-
secutiOn that if he chose to leave the Kingdom
he would be permitted TO do so and the proceed
ings against him would be suspended. He,
however, declined to leave with 50 grave a charge
rs that of killing a man, hanging over his head.
At the request Of "a member Of the bar, who
said that the case he had to defend would not
occupy more than twenty minutes, what proved
10 be a very tedious civil suit was taken before
Father Larkin's case. Hence IL was not till one
o'clock that the proceedings commenced, Mr..
Bickerton having considerably dismissed the
witnesses from attendance until that hour, when
he found that the twenty minutes" case was
likely 10 occupy the whole Of the forenoon.
Father Larkin. whose counsel were Mr.. John
Russell and Mr.. :. 3. Dole, pleaded not guilty.
Nh. Z. Preston and the Deputy Attorney General,
Mr.. W. O.. Smith, conducted the case for the
Crown. The first witness called was
Henry Long. His evidence was to a great
extent IA repetition Of that given by him at the
inquest. On being cross examined by Mr..
Russell he said that when ne returned to the
building about 40 P. ~, David P-ahao was on
the makai side Of the screen Of flags with the
women. The part Of the roof they were breaking
when stopped by Father Larkin was close to
where they had found the two women. II had
not been necessary TO break the roof 10 get the
women out. They began to break the roof
because they could not see David anywhere.
The second time they began a number of people
had arrived, and they started to break the roof
here and there in many places. In reply to the
Police Justice ne said that less than a minute
elapsed between the time at which he saw deceased
on the makai side Of the screen and the breaking
Of the iron rod.
DR.. y. b. Emerson then gave evidence as to
his examination OF the body on its recovery and
as to the nature Of the injuries which were the
cause Of death. This did not differ from that
given at the inquest.
Mrs. Henry Long repeated the account of the
fall of the building and her escape, which she
gave ut the inquest. In answer to questions
put by Mr.. Russell and by the Bench, she said
that she had been beyond the screen in the
morning. The doors IL the part of the building
which was beyond the screen We're boarded up.
They could not get out from there except by
coming under the screen. After she came back
from dinner the deceased was not mauka of the
screen. He was with Sarah Dawson and Kainu-
uwalu, helping them. The screen was so placed
as to cut of one-third of the building.
Sarah Dawson repeated the evidence she gave
at the inquest, In reply to questions she said
that she saw Father Larkin in the building
about fifteen minutes before the accident. Her
impression that it was so long was formed from
the fact that in the interval Mrs. Long came in
then Mr.. Long and afterwards Charles Clarke,
all separately. David Paahao was with Mrs.
Long and Kainuuwalu, in the middle of the
building, sitting on the heap Of ferns. The
doors OF the room beyond the screen were all
boarded up.
Charles Clarke III addition to evidence given at
the inquest said he was not there more than 10
minutes before the building fell. Long and he
went mauka of the screen. David Paahao also
went there whilst they were there and he did not
see him go back again. They went through the
screen ut the Eva end and David at the Waikiki
end. They had only returned from behind the
screen u lew seconds when the accident happen
ed. The last place he SAW Father Larkin when
ne came from behind the screen was on the ma,
kai verandah.
kainuuwalu repeated her evidence as TO the
fall Of the building. To questions she replied,
that Father LGrkin came in and spoke to her and
then went out again that when she saw the
roof give way and the lamp fall David Paahao
was sitting with them and she did not see which
way he ran.
Keumi in addition to former evidence said
that David and the others were nearly in the
centre of the building lie and Long and Clarke
were nearer to the makai door, deceased was
nearly in the centre Of the house sitting down,
breaking OFF twigs Of fern.
KObt. Sterling, superintendent of Public
Works, attributed the accident to the defective
principle of construction. In his opinion, as a
professional man the fall was caused by inherent
weakness in the roof. The witness repeated in
detail the evidence he gave before the Coroner.
George Harris repeated his evidence given at
the inquest. 1t was four or five months since he
received the order for the iron rods.
The further hearing of the case was adjourned
TO Wednesday at "a. II.
The hearing Of the charge against Rev. W. ].
Larkin was resumed on Wednesday morning.
James Hayselden in addition TO testimony
given at the inquest said that ne did not think
that the iron ties would have been safe even if
the omitted bolts had been put in, because a 2 by
g piece of pine lumber was not fit to hold the
iron plate. During cross examination witness
spoke of the roof being a balloon frame and
was called upon for a description of such a
frame. His opinion was that in this climate the
balloon was better than the mortise and tenon
frame because the lemons rot OF. By aid of the
plan he showed that the roof was so constructed
that all shrinking of the timber used, tended to
make it sag.
Marshal Parke gave evidence as to the finding
OF the broken tie rod which he produced.
George Lucas and l.. Way repeated the main