The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-01-29
The wAIALUA ASSAULT,
Proceedings Tor New rriAl-NtfidANi's
amt Couptrr.AnsdaNiss.


caSs ol ]. Il. Robertson found guilty q
assaul, with deadly weapon by = Jury,
the following motion Was inside for new
trial
And now comes the defendant BY Paul
Neumanr. Nolney y. Ashford And Gard
ns- X. Wilder. his attorneys, and moves
for new trial in the shove cause, Tor
The following reasons.
I. On the ground that testimony wSS
admitted tuom Dr, NckIbb:n IS % his
opinion q the number O shots hrei
Saii Dr. Nchihoiu not being ms: shown
Il h an expert AZ cunning, Or II resist,
arcs u gun shots, o. in the cause and
eEsc: q spent Shos, snS the said Je>:l-
rsonv being hAsed upon the effect Q; the
shots uron the holy Il MssoRey.
:. On the ground that the vsrilc: Is
contrary u the evidence Siducsd ~ the
trial
: On the ground q rni>iirection o. the
fu-y bv the Court IN inStrucIins them
tins. tt,ev must ind defendant guilty IN
les II appeGrei from the evidence thSt,
before shooting. he had rsirea,si 70 the
utmost limit q his power, until stopped
hv wall o. some impossible barrier /.
notwithstanding the evidence, even q
-hs uroSsC G-cor. shows cO2Clu>lvs.y that
the shooting MAS done from inside de-
PENDANT 'sCsyc RON, sitter rs-re1-lng from
the pursuit ot MS &nc&SoclS-, who came
81 him With threats u cutting his liver
o--. and ztser defendant had twice
Ss--ei him. while -s.re&cICs 70 his own
ROOM don't come GCy further Or III
S1eci
Tl-A. as5ie from the principle in
yc-yai III the general iCv-rluS q SSlf de-
i5->e. them were elements IN TINS case
which made i ENCepti0Cal- The eTI-
Ge-ca SloWs that the defendant was de
tending his GC-licl.s, ms home. Is well
s. his person, and this. lC MS IN fear Of
his lie. IRON his pl-Sle-- y man :
hl->s : his castle, aud It ieyo.yed upon
the Court 20 correctly lrS-r-,c. sCs Jury,
under the particular Circumstances o. the
case /. =. - - 3 mans right % Cs-s11
himself from z--zck IL his gWn house
hold. which -Ee Court failed - 10.
; On the ground q GliScoGiCc: Of the
T---v. IN -.-zs certain o. the llryU5r. 70
XII II Black z-S IA B-rEa.t. stated
u .hs5r vO5r dire tins. they had never
entertained y expressed SCl opinion
-EuC .Ce -I1-C5E CelCrs -ls-L or any
s-z.s--a u- hostile 20 the Gst5r.sL-- there
II wlz-e-lS n truth and l--ct they had
expressed such hostile opinions. and
wz-e AZ the time Of sad -r-GL entertain
ing feelings d bitter hostility 20 the de-
iz-la-5 herein &rl bsI p-sI-icg3 SAID
l5s5---l-- z-l laC-zC5-i l---- guilty II sd
vance Of the trial; none Of which said
>---l5--lI-si facts 1-s-s known 90 the
L5is-lL-. " his SstQ-s5ys CC.l- sitter the
--zL
This MOTION / made upc1 the ati54-
us q J. C. Cl-cey zzG John II Was.
and z-Sc Of tine Ge5e1sis1. and Of MS saii
STEAMERS P&-l Ns-uz-C. EC,-sv V
which z-s q --e herein. - sci. - upon
-Es -sCo-yis and proceedings which form
5 u.-s q this cause and S-cL Other G-l
further EzC-S zr6 Circumstances, herein
C5-sTL--, - lay -e presented 81 the
hearing II the SsE5l motion
D;s-sE this ri t.zy q JzrEl-y- 1852
PACL SErENN,
Tg-SEE Y A>EEgzD-
GLEDNEE X WuDEE-
he zEizzvz-s ze-e 81 rezi By Col.
Ashford
D,=g--v 4-cC-rsv-Lis-z-aL Peterson
-sz5 -15 lE1izvl. CE l. J. Bl-es1t IN
zL5.E he STATES be LzL I'D lsts1lC1 q
any S-rE GCCvs-szcl1C having taken
g51-s. a-f lSi used 70 slcL Lz1guZss
-115 he =5> -El1z~=d 81 the tine q the
trial = similar z--1E7I1 E.LS presented
q heL1-E q J II Bz.z, lzt ID w1s -g5
--r-sF -----.- ~ E--z.-lS-S Z rSsz~tr,z