The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-09

anv such business that was usually done in
dark cellars and other secret places. he
was Of the opinion that the theory of the
defense, that the things were brought to the
defendants shop was the correct one. and
that the defendant was entitled to the benefit
of any doub. that there might be IN the
minds of the jurors in regard to his having
she things knowingly i'll his possession.
The Attorney General in his address 10
the jury took occasion TO compliment the
counsel Cor his ingenious defense of his
client His line of defense was the one
usually taken by counsel for those who are
caught in the act. Mr.. Russell's argu-
ment implies in this case that three persons
have paFiured themselves in the witness-box,
fog the testimony of Kawainui was that the
prisoner tried his best to get hold of the
moulds seized By O'Connor, knowing that #
they were spirited away the Grown would
have no evidence to come into court with.
If O'Connor had tried to swear away the
liberty OF the defendant, he would have
managed the affair differently. He had
shown in the witness box that be was no
fool, and if he had prepared the moulds for
the purpose of entrapping the defendant he
would have caused them to have shown
marks of use.
The native swears positively that
O'Connor called to him for help, and that
strenuous efforts were made by other China
men to spirit away the only evidence the
Crown has in the case. AS for the charge
that O'Connor exerted himself in the case
in the hopes Of obtaining an appointment,
he would say that while O'ConnOr had no
hope or promise of such reward, yet every
man, every policemen, who makes an arrest,
does SC with the hope of reward of some
kind.
As for the shop that the defendant occu-
pied being too open and public for the
carrying on of any such business, it was we'll
known that foreigners never went into such
shops; the defendant had said himself that
no white men ever came into his shop.
The Acknowledgement concluded by say
ing that he hoped he never would undertake
the conduct of a case unless he thought
there was clear evidence of the guilt of the
party he was called upon to prosecute. If
this man was not guilty, there was no occa-
sion for his calling for help to destroy the
evidence against him. The evidence did
not leave any doubt in his mind of the
prisoners guilt.
The Chief Justice in charging the jury
read to them the statute, and the particular
section on which the charge was based. He
called their attention to the mould pro-
duced in Court, and showed them that when
finished there could be four coins cast at
once. He instructed them that if they
found, by the testimony, beyond reasonable
doubt, that Wong Kau had that mould
knowingly in his possession they must find
him guilty. If the jury believed the testi-
mony of O'Connor they must convict the
accused. It is not necessary that the false
coins should be exact copies of the real. If
they ''resem bled'' them it was sufficient.
The accused was entitled to the benefit of
any doubt the jury might have of his guilt,
and he left him in their hands.
The jury retired at 4:30 p. IL. and at $50
rendered verdict Of guilty, they standing
II to /, which is sufficient to convict the