The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-01-19

AlCSSIS. EChIidIuL anu AO4ll tlANA 44AN
brother that if Robertson had not got
that shot at me he would have been
wearing a wooden coat by this time" L
was talking with them; | may have said
in temper, but | do not often
get so; do not know Chas. Mdloney,
who occupied a cot near to me; Flohr
and my brother were talking to me, and
Mr.. Eckhardt told me to stop and they
went away; my father was Italian, my
mother English l was borne at New
It was daylight when
the shooting happened. They started
with me TO town about dusk.
At II 30 the Court took a recess until
1 p. IN.
AFTERNOON.
Owing to the absence Of the reporter,
a portion OF the evidence is missing at
this point.
Angus Campbell, sworn-Cross-exam-
ined-RObertsCn was standing at the
bedroom door; Rennie was inside get
ting a shirt, and brought it out; the
door that Rennie put Magoney out of
was that of the kitchen opening on the
veranda; Magoney was we'll liked on
the ranch when l went in on veranda
bedroom door was open; Robertson had
not a gun when l went in; | saw Rob
ertson take the gun from the corner be-
hind the door; he told Magoney to go
away or he would shoot him; Robertson
backed into the room, when he saw Ma
goney coming; Ito the Court [ went
into the room after Robertson; he
warned Magoney second time before
taking the gun; he stood near the door
after Robertson told Magoney at the first
to leave the premises, and after the up
setting over the stove, Robertson said,
Cant any OF you fellows help me-"
there was no cursing or foul language
used by Robertson before going out.
Kealoha, sworn--I worked for Rob
ertsOn at Waialua; was there night Of
shooting; had supper at o'clock; I'M
derstand little English trouble arose
between Louis and Robertson at supper,
but l didn't know what dispute was
about; Louis jumped up and pushed
Robertson over the stove; / remained
seated but others got up ard picked
Robertson up; after Robertson got up
he told Louis to go out OF the house; /
was there till l finished my supper /;
these men were running about and hit
ting the table, and | looked after the
table; Robertson was scalded and others
were rubbing him with beer, oil, etc. !;
for the bedroom and Just after that the
gun went off; Immediately afterward
MagOney came in with his arm broken
off and blood running, and l got fright
ened and ran off; when gun went off l
was at table, not eating, but looking out
for the table; Ito a juror from time
Robertson was helped until gun went
off must have been five minutes; was a
good deal of excitement, men seemed
quite angry; heard only one shot; when
Louis came back from Waialua he was
under influence of drink, and [ think
that was cause of trouble; believe he
was under influence because he was
very laxative contrary to his usual
habit.
Mr.. Neumann having declined to
crOss-examine witness, now objects to
Mr.. Peterson resuIning examination
after having rested.
Cross-examined by Mr.. Neumann-
Know row took place, although was at
supper, because We three (witness, Rem.
ME and Magoney) were there Robertson
went into bedroom; [ was there ali the
time until gun went off; l was very
much frightened, and was in yard till
Robertson called me to get horse.
Prosecution rests.
THE DEFENSE.
DR.. Miner sworn-Remember August
18th; called for injuries to Robertson
met him in street opposite Hawaiian
News Company; went back with him tC
your Office (V. V. Ashford -; fCunC
three parallel scratches on left side of hi;
head, bleeding, and mark as of a scale
on the back of the head; scratches
might have been caused by fall or by
blows from an instrument; they were
sufficiently severe to require dressing.
j. r. Robertson, defendant, sworn
Heard evidence of doctor; got scratche:
described by him from being thrown
down by Magoney; trouble between Ma
goney and l arose from my checking
him for using bad language at the table
l did not check him with an ak handle
or use violence; he got up before l knew
what he was doing and capsiZed me over
the stove; when got up the boys were
putting MagOney out of the door; Ma
goney came back and said, " You white
hearted son of bitch, I'll take the liver
out of you;" | went into the room die
not know where Magoney vent; asked
boys if they were sure he was gone, as
did not want to take any chances with
him; then heard his voice from his room
saying he would cut the liver out of me
heard him coming and sung out
Don't come near me, for l won't lei
you cut the liver out OF me ;" he was
still coming and l sung out the same
warning again after the second warning
pushed the door back little to reach
the gun, took the gun and fired; he had
one foot on the veranda when [ fired il
was about dusk; | was probably a little
excited; the Chinaman's place was just
behind, and | was afraid MagOney went
in there to get knife, as lie talked @
cutting my liver out; it was my impress
sion that he was coming with knife
was certainly afraid at his threats, that's
why l told him to keep away ana why
got the gun; ! had no other idea than
that he was coming back to carry out his
threat; what | called out first time was
Z" Don't you come here or IN shoot ;" he
was then five or six yards away, second
time he mad one foot on veranda and ap
preaching while ne made threats; alter
| fired / went out and helped MagOney
all could, and he was abusing nue. al
the time; picked Up what Magcney
dropped it was that stick dying on the
desk, brace of the saddle rack; things
at place are in same position as wher
occurrence took place; cannot say posi-
lively on which side OF the door blood il
it is probably Magoney's blood: he was
four feet from the door when shot, thai
is the width OF the veranda.
Cross-examined by Mr.. Whiting-I
was not drinking spirits that day; am
OF ,,Cci+iy-a Io.IoI Tho rrr,,, o-