The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-06-09


left his Office in the usual manner. He had
no intention and no thought when be left the
office that he would see Mr.. Michael H De
Young az al. He walked up u the west side
OF hearny street, a short distance south OF
the Kite saloon, where he encountered an
intimate friend OF his, young gentleman BY
the name of Walters. who win be Introduced
before You as q witness They stroIled along
leisnreiy together toward the Elite saloon
winch as l understand II, IS ~ the northwest
corner o. Morton street aud kearny street, IN
this cry and county. As they approached
the Elite saloon The prosecuting witness Mr.
Michael II. De Young, came out OF the saloon
immediately before them, and, of course as
We understand the facts, seeing them, as he
necessarily must have done at that precise
moment
HOSTILE MOTION.
When the eye OF the prosecuting witness
encountered that Of the defendant Spreckels
his coat was buttoned in the same manner In
which it had been buttoued 4 half an hour
before, when the outline of the pistol WAS
seen upon his right hip. He Immediately I'M
oottoned bis coat, with the exception OF the
TOP button, and threw his hand back and put
II down into his right hand pocket not al this
uine into his hip pocket, but iuto his right
hand pocket, at the same time CHANGING Al
the defendant, Spreckels, in "A manner which
ladlcated hostility, unirendliness, and con-
veyed that idea 70 his mind. OF course this
motion, this expression. coupled with All that
had previously transpired, did create and
upon the mind OF this defendant.
Mr. De Young walked along the west side
OF hearny street, in the direction OF his
once Inc defendant, Spreckeis, and his
friend Walters strolied along behind him Ia
the ordinary way. The fact Is, although this
movement upon the part OF Mr. De Young
was not uuobserved, and though, Of course
. IL must nave created some i'm preston in the
minc of Spreckels, IL had not produced an I'm.
preston that Was par ticularly deep. He was
not anticipating Tor the moment any special
personai danger To himself, aud it was more
after the accident which occurred In the
Chronicle" Office than before that incident
that these facts became deeply impressed
upon his mind AS l have said, Mr. De
Young walked along on the west side Of
hearny street with his hand ia hts pocket
ana was tnllowed-not followed In the sense
that they were following after him, but physI-
cally foliowed-by defendant SpreckeIs and
Mr.. Walters.
Mr.. De Young reached the northeast Garner
OF Bush and kearny stree ts-that you know
is the corner directly opposite TO the Office of
the " chronicle lie turned across to 40
into that office. Just at that very corner Mr.
Spreckels and his friend Mr. Walters married.
Mr.. Walters had observed, as 1 understand
the fact, that there was a certain degree OF
moodiness exhibited about the face and the
expression of the defendant Spreckels, aud
he was, perhaps, somewhat apprehensfve
Knowing as he did, the antecedent history OF
the attack which had been made upon Claus
Spreckels and Lis family by the "Chronlcle -
the defendant Spreckels, ami that he might
try 10 execute 1t; but there was nothing of
the Kind. As Mr.. Walters and the defendant
parted at the northeast corner of Bush and
kearny streets; MIR. Walters made some re-
mark 10 the defendant, such as 10 say, per.
haps, % 1 hope you are not going TO do a fool
ish thing or, g hope you won't make a
fool Of yourself" such remark as one
young man might make to another with
whom he WAS Ultimately acquainted and the
response to that observation, and what WAS
coincident with everything that subseq
transpired, that the defendant Sprsckels ad
no intention Of doing anything that was
foolish.
Mr. Highton said the defendant entered
the - Chronicle effice " with the exact de-
gree OF
PROPER nDIoNATIoN
(which a young man under the circum-
stance was authorized 70 possess, and for the
purpose simply, II lac could, by the mere use
OF his tongue, ia a decent and courteous man
neT, induce the proprietor Of that paper TO
put AN end to the attacks which were embit-
tering the lives OF his family aud OF himself"
II was cOntCnded that the repetition Of the
call. - Mr.. De Young" is evidence that there
was no intention of shooting, and that when
Mr.. De Young turned in response, bis coat
was then unbuttoned all but the top button,
and he put his hand in his pocket. This time
he turned clear round, confronting Mr..
Spreckels there, and threw his hand back
into his right hip pocket, and IL became "a
question then and there. Remember Mr..
Spreckels was advanced into that room--into
that Office. Those doors were closed. II
would have been inlI ossible for any man,
even IL the idea had occurred TO him ia the
moment TO have escaped or run out OF that
Office He was in instant, imminent danger
Of being shot, the prosecuting witness then
and there having Tee means i'm bis possession
10 shoot him, and instantly upon the moment
BIr. Spreckels pulled out his pistol, which he
had not prepared IN anticipation 81 any diff
Guilty and delivered the first shot. Then,
"A matter Of course, there was a movement on
the part Of SIr. De Young around that double
desk, and simultaneously movement Of
some sort upon the part Of nearly all the
clerks and employees in that office, and there
was nothing left for the defendant Spreckeis
TO do IL he desired to save his own life, than
to advance as rapidly as he could and paralyze
the obvious intention of Michael De Young
to shoot him. The consequence was that he
went rapidly after him, and delivered the
second shot, not when he had fallen upon the
floor as has been described by some Of the
witnesses here, but when he waa standing
with the stool of Emerson in his hand, as
sort of protection or shield, while he was
proposing to shoot at the defendant, Spreck
els. Now, gentlemen, these are, as under
stand them, the leading facts constituting this
line of defense"
At the conclusion of the argument the
Court adjourned until Monday morning at II
o'clock.