The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-10-12
supreme Court-octoBer Term.
MR.. JUSTICE PRESTON rREgDwG.
NIoSDAY, October 18th.


MoNDAY, October 18th.
Edwin Hall Dimond was charged that
he did at Honolulu, on the 31st July, by
force of arms, unlawiully and ieloniousiy
kin and stay An Leong, and that he did
then and there commit the crime Of man
slaughter in the second degree. De-
fendant pleaded not guilty. Mr.. A. Rosa
appeared on behalf Of the Crown, and
Mr.. s 3 Dole for the defense. The
case was heard before the foreign jury,
consisting OF Nessrs. J. f. Cluney, Z.
". Jordan, q. z. Castle, j. D. Ramsay,
Hamilton Johnson, George Gray, J. A.
Kennedy, F Lewis, f. McInerny, Thos.
Lindsay, II. NJ Dow and F Gertz. The
evidence was substantially the same as
that given at the COrOner's inquest,
the first witness called being Hugo
Stangenwald, NJ D., who, in reiterat-
ing the statement he had previously
made, laid partic lar stress upon
the fact OF the course Of the bullet by
which deceased had come to his death,
being upward and outward. Prior to its
entry into the abdomen it had struck the
tip Of the little finger, infiicting trihing
wound. When the defendant came to
witness to seek medical assistance he
seemed in a perfect agony OF distress,
and kept repeating the words, % Oh, Pm
afraid he will die" In cross-examina-
ton, witness said the shot might have
been fired at distance of 8 or 10 feet.
When defendant came to him ne detailed
the circumstances as far as he was able
in the excited state OF mind in which he
was, and alluded to a struggle which
servant OF his (witness's) had had with
a chicken robber in which the former
was seriously injured This, defendant
stated, impressed his mind with the risk
TO his own person. Witness proceeded
TO dilate upon case as related to him by
defendant, when His Honor interpOsed,
saying he was trying to make evidence
in favor of the defendant. 1t was only
necessary to answer the questions put,
and it was very improper to do more.
Witness apologized, and pleaded his
defective knowledge of the law.
His Honor retorted that he had been
there often enough as a witness to know
that he should not do so.
The cross-examination being resumed,
witness stated that he had known de
fendant to be very kind to deceased; he
used to teach him the English language,
and give him choice articles of food.
The night was very dark, and there were
large trees in the garden which made it
more so.
J. D. Tucker, in experimenting his
former evidence, said that he heard de-
PENDANT call out the name Of deceased
just before the report, and also after the
report. When speaking to him after
wards, witness, having learned that de-
PENDANT was mistaken in the identity of
the person he was firing at, asked him if
he fred with the intention of killing the
man. He replied: q No; didn't know
what he would do to me, and 1 fred in
the hurry"
In the course OF cross-examination
this witness stated that he heard noise
down in the creek just after the shot was
fired as if some one was moving there.
He considered the noise was not made
by any large animal; it might have been
caused by a man or q dog.
J. K. Holt and Deputy Marshal Day
ton substantially repeated their former
statements, and this closed the evidence
for the prosecution.
The defendant amplified the evidence
given by him at the inquest When
going to his father for the. revolver, he
said to him, Don't you remember how
DR.. Stangenwald's cook was nearly
killed." The case referred to was one
in which a Chinese cook had been Sc
riously injured by chicken thief, and it
had made a great impression on his
mind as to the danger in such cases. |
He had previously been told about it by
the man himself. Deceased, whose
sleeping place was so or 100 yards from
the house, was called by defendants
father; defendant had gone out, and had
nearly reached the trees when he saw
him open the door. The two went to
put the ladder to the tree where the thief /
was supposed to be All Leong had |
been at mis- side Looking round, he /
saw a man looking this way and that, /
apparently considering how best to make |
his flight. Defendant chased him and /
he ran; defendant called out to him to /
stop, and then tripped and fell; raising /
himself up, he saw the man advancing .
towards him When ten feet away,
this man stood swinging his arms f.
about. Defendant thought to himself
viii he surrender or spring upon me .
He fired with one knee on the ground /
did not know whether he had hit as
the man did not Immediately fall; then
called upon him to surrender. He called
for Leong about six times after firing
but got no answer. He had not the
slightest idea the man was other than
the thief; concluded Leong had run for
a policeman. Witness then detailed the
arrival upon the scene of Tucker and
Holt. 1t was not until the lantern was
put to the face OF deceased that he dis
covered who he had shot, and an awful
feeling came over him then, as they had
always been on the best of terms. After
deceased had been assisted to the door,
] I