The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-07-30
In the Supreme Court of the Hawaiian
Islands.
WEDNESDAY, JULY 81.
Rex rs. Alfred Notwithstanding with intent TO
murder.
BEroRE Hrs HoNoR A. F. JunD.

Mr.. Preston FOR the Crown. Mr.. Hartweu for
the defendant.
The following gentlemen were empanelled as
= jury:
Messrs. A. W. Bush, H. savidge, w. :. Luce,
F. Godfrey, K. A. Hart, A. Kraft, +. A. Harnden.
F. J. Higgins, J. h Lovejoy, NJ. Fl. Jones. A. W.
Richardson and r. Gray,
Mr.. Hartwell made = formal objection 10 the
jury on the grounds that i; comprised several
talesmen who had not been M according
to law. Motion overruled.
All the witnesses were ordered 10 leave the
Court. Two of the witnesses for the prosecu-
ton, Messrs Dayton and Fehlber. were permit
ted to remain in Court, being officers Of the
Court.
DIR. Hutchinson was the first witnessed called.
He testified to attending ON the wounded man
Moku, and he described the wound as dangerous
the ball having passed through the left
cheek. He was unable TO tell At which side it
entered, or 10 what distance the mark Of powder
would be carried from a cartridge.
Moku: Stated that he lived in Fort street.
On the 18th June two girls came TO his house
from town. The Rhodus brothers remained in
his house with the girls quite a time. About S
O'Clock n disturbance arose about the payment
OF money. He went inside the room and had a
tussle with Edward Rhodus.
During the ahray he was shot by Alfred
Rhodus. He fell down insensible and did not
see the prisoner afterwards.
In cross examination he said he did not lock
the door, neither did he refuse to let Edward
go out.
Hannah and Kalua, the two girls referred to
above, testified to the alteration that had taken
place, because Edward Rhodus refused to pay
Hannah any money. They also agreed that
Moku came in, shut the door and locked il.
Heard a report but did not see any pistol. Ed
ward jumped out of the window and Alfred
over the partition, and escaped. They sent for
a doctor.
Messrs. Dayton, Fehlber and Reynolds testi-
fed to expressions made use of by Alfred Rhodus
after his arrest. He enquired "if the Niger
was dead 3" and on being told "No" he replied
that . He was glad of it." Dayton could not
swear positively that prisoner said He shot him
plump inside the head"
Mr.. w. o. Smith described the finding of the
ball.
Mr.. Limbarth claimed to be the owner of the
pistol that committed the deed.
Mr.. Bickerton, Police Magistrate read from
his record, evidence given at the preliminary eX-
animation, which gave rise to a difference of
opinion'between His Honor and Mr. Hartwell. The
counsel for the defendant was overruled.
Mr.. Wilcox the interpreter said he did not
recollect evidence after he had interpreted it.
He considered that to be the Judges business.
Edward T. Rhodus testified how he, his
brother Alfred and a third party, had passed the
18th June. They first went to a Sunday school
picnic, thence to the race-track, back to the
Aston House Dining Rooms and finally visited
Moku's house under the guidance OF an ex-
pressman. He detailed what occurred in that
house and spoke of the shooting as the result of
an accident.
Alfred Rhodus the defendant. gave similar
testimony to his brother, adding his reasons for
carrying a loaded pistol, he having been warned
that a .Chinaman named Along intended to
knife him in the dark" He particularly de-
scribed the shooting of Moku as accidental, and
AfNzr f-lGIl1rn - anE o. On that NIGHT hn
proceeded towards the police station to give him
self up.
Before proceeding to address the jury for the
defence, Mr.. Hartwell considered it as essential
for the defence that the jury should 60 and
inspect the room where the shooting took place,
His Honor granted permission. After an alb
sence of about 20 minutes, they returned.
Mr.. Hartwell for the defence said: that'in the
whole of his experience in criminal matters he
doubted if he ever stood up before a jury with
the same feeling of responsibility. He did not
wish to misrepresent facts; he wished to meet
them. 1t was understood the boys We're not IN
q good way. Human nature is weak. He
would grant that the defendant carried a pistol,
and he considered il a most dangerous practice
to carry concealed weapons. 1t is the custom
for the judicial authorities to frown upon the
practice, but reason had been given in this in
stance. He would not say it was a legal reason.
He knew it was reported, and falsely so, that the
defendant, had said "he meant to kill the dam
ed Niger" The news had been spread through
town that the brothers intended 10 SET up "a faro
table. He believed that if defendant had the
right man he would do the right thing for him,
but he would leave IT to the jury to do every
thing that was fair and kindly towards him.
He, (Mr. Hartwell,) knew the position of a
father and mother agonized with the fate of
their youngest born. A telegram had been sent
that the defendant was under arrest for attempt
to murder, and he (the learned counseD was here
alone to talk for him. He hoped If they saw
cause to acquit the boy, he would grow up with
experience that would make Il man of him. He
alluded to the mixture Of drinks that had been
taken by defendant on the 18th June and the
various episodes that occurred on that day.
He also adverted to the evidence of Moku and
the two girls and plainly showed that the former
had lied. He thought tat the fact that Edward
Rhodus was right i'll a line with the shot would,
lay more in the minds of the jury than all the
argument of lawyers. The girls did not see the
pistol. If he had walked mp to Moku and he
held the pistol close 10 his head, they must have
seen it. Either of the boys could have taken
Moku up and put him out. There was no inten-
ton to kill or murder, but the pistol was shown
for the purpose of soaring Moku. He, (the
'counsel) traversed the evidence of Mr.. Dayton
and the police officer who made the arrest.
Under all the facts he thought they would be
hardly justified in finding that defendant held a
pistol to Moku's head. According to the charge,
he either meant to murder or he did not. II
the prosecution had been put in q different form
there would have been probably no defence.
He implored the Jury TO dismiss from their
minds any words he might have said against the
defendant, and give him the benefit Of the
doubt. If they could say there was a fair,
square doubt, the law is, they acquit, and he
begged them to do it.
Mr.. Preston spoke substantially as follows for
the prosecution:-He asked for a verdict on the
evidence. They had nothing to do with the de
PENDANTS father and mother. Their sympathy
was not to be aroused. He did not ask them
for sympathy for the old man Moku, He asked
them to commit the defendant for shooting in a
wanton and malicious manner, and without
excuse. II was said. There was a discrepancy in
the testimony of Mr.. Dayton and Mr.. Fehlber. He
would convince them that defendant had sub
stantialiy sworn to the same thing. His learned
friend had said there was no motive, that they
could have thrown Moku out Of the house if
they had wished. He admitted that that was
part of the case for the prosecution. Instead
Of putting him out they shot him, and then one
jumped over the partition and the other through