The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-01-19
SUPREME COURT.
January Term-AIr. Justice Bickereon
Presiding.

Trial of j. r.. Robertson for Shooting
Magoney-verdict of GuiIty-An APP
peal Taken.
The King VS.. J. r. Robertson. AS
sault with a deadly weapon. Deputy
Attorney General Peterson and w. A.
Whiting for the Crown; V. Y. Ashford,
Paul Neumann and G. X. Wilder for the
defendant.
The indictment was presented as fol-
lows: That John r. Robertson, for
eigner, on the 18th day OF October, 1858,
with force and arms in ard upon one
Louis Magoney wilfully, feloniously and
without authority or justification by law
maliciously did make an assault, being
then and there armed with weapon OBJ
viously and imminently dangerous to
life, to wit, loaded gun, and the said
gun did then and there shoot and dis
charge at the said Louis Magoney and
him the said Louis Magoney did then
and thereby grievously wound against
the peace and dignity Of our sovereign
Lord the King and contrary to the form
of the statute in such case made and pro-
vided.
The following jury was sworn: H. G.
Crabbe, q. &. Stratemeyer, J. II. Black,
j. Welsh, Robert Grieve, l. A. BurGett,
G.. f. Howe, Hugh Gum, T. f. Lansing,
Chas. Lucas, J. NJ. Dowsett and w. +.
IL. Deverill.
Deputy Attorney-General Peterson
opened to the jury, briefly reviewing the
facts of the case. With regard to delay
in bringing up the case, Mr.. Peterson
said that, owing to the defendant being
related to the AttOrney-General, the mat
ter had been placed in his hands. He
had been absent on Hawaii several
months and since his return had been
very much occupied. There had been
no intention to delay the case, if any
blame in the matter he alone was respon-
sibie for it.
DIR. G.. Trousseau cater a discussion
between witness, Crown counsel and the
Court as to remuneration being paid wit
ness as an expert, sworn-I hold IL
cense to practise medicine; have been
here eighteen years l know the man
Magoney; in October last | attended
upon him professionally; at o'clock on
the morning of October IA, 1888, a man
brought MagOney in a brake to my
house; it was dark and rough night !;
Magoney was laid in the bottom of the
brake; when found his condition | had
him removed to the Queens Hospital at
once; l telephoned to Drs. Mckibbin
and Brodie, the Hospital medical officers,
that there was a serious case at the insti-
tuition within half an hour the three OF
us were there together, and made a thor
ough examination of Magoney; he was
very weak from loss of blood; he was
shot in the lower part of the left arm !;
we decided that immediate amputatiOn
was necessary; it was performed by DIR.
McKibbin; the lower part OF the left
fore arm hung by little pieces of skin :; by
the size of the wound l should say it
was made by shot.
Dr. Robt. McKibbin sworn-I am q
practising physician and surgeon; am
regular attending physician at the
Queens Hospital; Magoney was brought
there at 2 o'clock a. m. October 18th !;
DIR. TrOusseau telephoned to me about
him; we made an examination and saw
the only chance for his life was amputa-
ton; both bones of lower part of fore
arm were shot; there was no shot there,
it had passed through; found scattering
shot in different parts of the body; there
must have been two shots; Magoney
was discharged from the Hospital Nov
ember 10th; his recovery was rather
rapid.
j. II. Soper, sworn-I am Marshal of
the Kingdom; l investigated the prem
ises at Waialua day or two after the
shooting; saw the house and the lay of
the land saw shotgun there, double
barrelled breech-lOader with a snap on
top; it was an old gun.
Cross-examined-The piece of wood
(produced) is the brace of a saddle-rack !;
l found it near the veranda of the house
it has been under lock and key ever
since.
Louis Magoney, sworn-I know J. r.
Robertson; l was working for him in
October last; had been there for four or
five weeks; on Saturday the 18th of
October went with Mr.. Robertson to
Mr.. Gays for some horses we started
about O'Clock in the morning; he left
me in the afternoon to go to Waialua
got the horses after some difficulty and
took them home, arriving there about
o'clock in the afternoon Robertson got
| home about half or three-qUarters of an
| hour later; ne called US all in to supper
there were John, Angus, Kealoha and
myself; we all had supper; during the
meal I made some remark about the
| description OF the horses | was sent after
| which made Robertson mad and excited
1GasLA
| getting up picked up an ak handle and
made two welts ct me; | showed him
and he fell down, upsetting kettle of
hot water off the stove warded the
blows off; man named John got hold
of me and went out by the kitchen
door and round to the room where l
sleep; did not go into the room; while
! standing outside thinking, saw Robert
| son come right through the shed; he put
gun to his shoulder and said, you son
of bitch have got you now; he shot,
! but did not exactly feel it that time
! the second time he aimed right ct my
head | tried to dodge the shot ana
! closed up to him when he shot me in
| the arm ne said God damn you, l will
| kill you; l told him he might as well
| have killed me; John came and he laid
! my head on his knee; when Robertson
! saw what he had done he sent Angus
! after a horse and got some bandages and
| bound my arm up, using shingles; he
! also got bottle of carbOlic acid and
! poured it into the wound; it burned me
/ considerably; while l was laid down l
! said you are fine lot of men not to have
! been able 10 take the gun away from
! him; was brought TO town; when the
| first shot was fired he was about fifteen
| feet away; could not say exactly; at
the second shot he was pretty close to
| me.
Cross-examined-Iw was not drunk that