The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-10-06
sapreme Court.-oetober Term.
MONDAY, October 9TH.

MONDAY, October 4th.
Kaai was charged with manslaughter
in the third degree, in that he did kill and .
slay Kalauokalani, aged years and .
months, son OF Samuel and Kaawa, on ,
Sunday evening, August 22d. Messrs. |
L. A. Thurston and w. A. Kinney APP [
peared for the defendant; Major a. Rosa /
for the Crown The case was heard be- 7
fore Hawaiian jury. Plea, not guilty I
The first witness for the prosecution +
was DR.. Trousseau, who had been called I
to attend the child within a few minutes /.
OF the occurrence He deposed that
death was instantaneous and resulted
from pistol shot wound, the bail hav-
ing entered the face on the left side about
midway from the root of the nose, pass /
ing through the base of the brain and
out at the back of the head on the right
side The weapon used could not have
been more than eighteen inches distant,
and it was not closer than four inches |
The wound was the size of a dollar and
the face was tattooed with powder. The
pistol produced would infict such a
wound
The Hon J L. Kaulukou deposed to
having gone to the spot shortly after the
occurrence. On his inquiring for the
weapon the defendant gave him the
pistol and said it belonged to him, add
ing that he had put it away in box on
the table after cleaning it, on the pre-
vious Thursday, and had not seen 1t since.
He stated he had been out bathing, and
was putting on his pants, when he heard
the shot, and coming to see what was
the matter, found deceased lying on the
floor wounded as described.
The Clerk of the Police Court testified
to having examined the house next day.
He found the ball embedded in the floor
a short distance from where the child
was found and some blood stains not far
off. Defendant told him that ne had put
the pistol away Just as it was after clean
ing it.
Samuel, the father of the child, stated
that he was asleep in his house when
the shot was fired and someone awakened
him. He went out and saw Kaai hold
ing deceased by the arm and bathing the
wound Deceased was then gasping.
He lived very near to Kaai and neither
had any grudge against the other. The
deceased used to go to Kaai's place,
where he was sometimes fed. Knowing
that Kaai had pistol, he and his wife
had previously expressed concern for the
chiId's safety. On the night previous to
the fatality he had brought Kaai home
drunk and made him bed on the YER
anda, afterwards getting drunk himself.
The wife of Aholo, neighbor, deposed
to having heard shots previously that
afternoon, but could not see who fired
them.
Aholo, shortly after hearing the report,
saw Kaai come out of the house with the
child. There was blood on it. He went
towards the bath house. The child's
father then went towards Kaai, who was
trembling and excited.
A police officer on watch and another
of the neighbors deposed to having heard
shots at various times on Saturday night
and Sunday, but there was nnttllv'l
TO connect them -S;4',-4e case Tor the |
Tbis r-5... No evidence was given for
the defense, Mr.. Kinney pointing out
that there was absolutely no evidence to
show that his client had shot the child or |
that there was any culpable negligence |
on his part in any way contributing to
the fatality. Everything indicated that
the child had in some way shot himself.
Mr.. Rosa said that the negligence CON
sisted in leaving deadly weapon with
cartridges within reach of the child He
also pointed to the inconsistency of the
defendants statement that he had not
used the weapon since the previous
Thursday, there being positive evidence
that shots had been fred in the interval
His Honor said that in order to sustain
the charge it must either be shown that
the defendant did the act himself or that
it was due to his culpable negligence
There was nothing to show that he know
ingly allowed the child to play with this
weapon, knowing it to be loaded. His
Honor was sorry it was 50 prevalent in
this country Tor people to carry and use
firearms. He knew of no reason why
this man had this pistol about his place,
but he had right to have pistol in his
house if ne chose. He had no doubt the
defendant felt very badly about the
child. Ee directed the jury that there
was no evidence on which to convict and
they must find verdict of not guilty.
The jury found accordingly and the
defendaDt was DISCHARGED
AT cHAMBERs-AlR. c. J. JUDD, PRESIDING.
TUESDAY, September 9Th. {
Estate of VIM. NJ. Wenner, deceased.
Mr. A. p. Peterson for the widow; Mr..
McIntrye in person. Executors appi-
cation for discharge Continued to Oc-
tober 18TH.
OCTOBER TERM.
Hiilawe VS.. Kalua. Ejectment Mr..
Neumann for plaintiff; Mr.. Kinney for
defendant. After argument on demur-
-er it was ordered that demurrer be sus-
aimed with leave to amend
Forged Hawaiian Stamps.
a letter was received last mail by the
Postmaster General from Messrs. Stan