The Hawaiian gazette., 1889-03-05
IN the Supreme Court of the Ha-
waiian Islnnds-In Banco. JAN
uary Term. 1889.
RrN Is. AMOR AIIAs AHorA.

JUDD. T. j., M'cULLY, PRESTON, BIcREBroN
AND DOLE, J.J.
| Opinion OF The Court per Jufd, c. d..
The defendant, Chinaman, was
tried ut the November Term, 1883, of
the Circuit Court of the Third Judicial
Circuit, for the murder of one Kappa
hee, 4 native of Hawaii, the murder
being alleged to have been committed
ut Puma, Island of Hawaii, on the Sd
of september last.
Counsel, W. 4. Whiting, Esq, was
assigned for his defense.
The jury rendered a unanimous YER
diet OF guilty.
This verdict was excepted to rs con-
trary to law and the evidence. EN-
! ceptions were taken TO the refusal of
the Court, Mr.. Justice Bickerton, to
/ give certain instructions to the jury.
I These will be considered later ON,
The essential facts of this case are
| as follows: An elderly native Ha-
waiian, residing in Puma, Island Of
! Hawaii man of note in that COM
munity, named Kapahee, who had
acted rs a policeman, and was then n
school teacher, had some difficulty in
regard TO money matters with n Chi
neSe storekeeper named All Su, which
resulted in law suit before the Dis
/ trict Court, and which was appealed
I TO the Circuit Court then about to be
| held in the adjoining District of Kau.
On the morning OF the Sd of Septem-
/ Der, which was Monday, Kapahee,
who was 4 large, vigorous man, with
/ grey hair, walked from his house,
which is close by the store of All Su,
/ to Captain ]. T.. EIdarts' house-a
/ distance OF about two miles. 1t was
! known mt the store that he had gone
/ there; il was also generally known
/ that he expected to receive about $50
! from Captain EldartS. He went to
! Captain k,ldarts, received his pay,
I about $40, and started back home
/ wards between and $50 o'clock \. NJ,
and the last that was seen of him
/ alive was as he passed over a hill ON
| his way hOmewards.
| Shortly before this, Il Hawaiian lad
| about years old, named Kapeleliilii,
was riding along the road TO Il fishing
| settlement, and passed All Su stand
/ ing in the road, and, Il short distance
/ beyond, the Chinamon Ahopa (the
defendant sitting in cleft between
| two large bOulders at the side of the
| road, where he could not be seen by
| Il person passing in the road until he
got directly opposite him. The boy
| knew these two men well, rs he lived
in the same settlement with them.
Ahopa admitted, in his testimony on
defense, that he was there with All
Su when the boy passed, but says that
he was hunting for lost mule.
kapahea was missed, and the next
day search was made for him, and
there was found in the road at the
spot where the boy says he saw these
two men two large stones with human
hair, grey in color, clOtted blood and
brains on them, and the bushes on
the upper side of the road for about
thirty PAGES distant showed traces of
body having been dragged over
them. With the assistance Of dogs,
search was made by large party of
natives, and, finally, on Wednesday,
ut q distance of about 4 mile and
half from the road, aud below it to-
ward the sea, the dead body of Kappa
hee was found buried in crack in
the lava and piled over with stones.
His pantaioons We're gone, and his
shirt was pulled over his head. His
head had severe wounds on it, and
his skull was broken in.
A Chinaman named Akina arrived
at the store of All Su the night of this
Sd of September, and went to bed in
one of the rooms. He was awakened
in the night by Ahopa and All Su,
who told him they wished his services
to bury a dead native, and threatened
him that they would fix the crime of !
murder upon him if he did not con-
sent to assist them. He was required |
to get pack-donkey and saddle, and
he did so, and this animal was led by |
AhOpa, and All Su went ahead with |
him, followed by Akina. The party |
finally reached the body OF Kapahee |
lying in the rocks above the road. |
The body was placed on the mule, |
with some difficulty, and tied on, and |
the the animal led along the road !
towards Hilo When they got to a |
gate on the side Of the road towards |
the sea, Akina was told he might 90 |
home 10 the store, and AhOpa and All |
Su continued on with the body to- |
wards the sea on a trail in the lava. |
Ahopa and Ah Su returned to the |
store about midnight and went to /
bed
There was found under the house, I
the pack-saddle, some clothes, con- |
sisting of two pairs of pants and a
shirt, and a pairo shoes, all Of which |
were more or less bloody, and soap |
or lard had been smeared over the |
clothes.
All Su was first arrested and taken T
to Kau, where he was committed for |
trial. After an attempt to escape, |
and several attempts at suicide, he /
was placed on a steamer bound to |
Honolulu, and, soon after starting, |
died in considerable agony, it is pre-
stunned, of poison, which lie must have
taken on his way to the vessel.
We have, then, the admission Of
this unfortunate defendant that he
was at the spot where this murder
was committed just before the time
when ii must have been committed. /
in company with a man named All
Su, who had a difference with the
murdered man, and who committed
suicide on being bound over for trial
for the murder of Kapahee. 1t was
shown that All Su was small man,
and presumably unequal to the killing
and dragging off over stones and
bushes OF so large q man as Kapahee