The Hawaiian gazette., 1889-03-05
Exceptions from The Circuit Court OF
the Third judicial Circuit.

Exceptions from the Circuit Court Of
the Third judicial Circuit.
ooiai9R Of tie Court by Dole J.
The prisoner was on trial for the
murder of a man named All Sing or
All Sin, who had been living at the
same house with him in South Kona,
on the Island OF Hawaii. A few days
before the death of All Sing, the priS-
I oner moved to another house in the
4 neighborhood with his wife In the
4 evening of November Sd, lSSS, the
/ house occupied by All Sing was dis
/ covered to be on IRE, and All Sing
/ was missing; the next morning the
4 charred remains of 4 human body
were found in the debris of the burned
/ house, which were recognized TO be
/ those of All Sing. There We're cuts
I still observable on the breast rs the
body was face downwards, and 4
/ cleayer was found close TO the body.
! Bloody clothes were found in Il pail
! of water some 100 feet away from the
/ burnt house ana bloody water on lau-
/ hala leaves near the pail, as if the
/ clothes had been partially washed.
| The prisoner admitted that the clothes
I We're his 10 witnesses, but denied it
/ in Court. The prisoner had two
wounds on his head, one appeared to
have been cut by some sharp iustru-
ment and one finger had marks on it
as if il had been bitten. During the
direct examination of John halua ut
| the trial, one of the witnesses for the
| prosecution, lac was asked ''Did All
Sing tell you defendant was indebted
| 10 him." This question was objected
! TO by the defense and the objection
sustained by the Court After the
! cross examination the witness was
/ asked the question "DO YOU know of
any other trouble between All Sing
ana defendautm The witness an
| swGred: "A few days before this, All
sing told me Akaua was indebted to
him in a large amount The defense
objected 70 the admission of this an
swer on the ground that it was not
dying statement; the Court Oyerruled
the objection and admitted the testi-
mony on the ground that il was re-
direct examination on new matter
brought out upon crOss-eXaminatiOn.
To this ruling the prisoners counsel
excepted. The witness went on to say
that All Sing told him that the
amount of the debt was $500; that if
he got the money, or part of it, he
would 20 TO Honolulu and thence TO
China All this is hearsay testimony
and should have been excluded as
such. Bun we find that Iwikau,
another witness for the prosecution,
testified on his direct examination,
that the prisoner said he was indebted
TO an Sing, and that he lpTisOner)
told witness that All Sing asked for
the money shortly after prisoners
marriage on the previous July 9Th.
We find also that Alo, Il witness for
the prosecution. testified that the
prisoner owed All Sing over 500; that
he was present at & quarrel between
the prisoner and All Sing the day
before the murder, in which the latter
repeatedly demanded of the prisoner
the payment of money which he
claimed, and that Akana told witness
that he did not have the money then
but when he got the money he would
pay it, but did not state the amount
Of the debt; it i also in evidence that
the prisoner who took the witness
stand in his own defense, said on his
rOSS-eNaminatiOu, that he was in
uebted to All Sing in the sum of S25
only, that he had paid him INSTALL
ments on account that at the time
of the fire he did not know how much
he owed him; that All Sing demanded
the money and that he told him he /
would pay him when he got the
money. 1t therefore appeared by
competent evidence that the prisoner |
owed money to All Sing previous to 1
TO the murder and that All Sing was
pressing him forit As to the amount /
of this debt, enough appears from
this other evidence to Show that it |
was large enough To be Of Importance |
to All Sing and that it was the cause
of some irritation between him and |
the prisoner Under these circum- !
stances, therefore, there is no reason /
to apprehend that the evidence OBJ |
jected to could have had any improper |
influence upon the jury, the same |
point being well covered by other /
evidence properly admitted.
The second exception was to the |
ruling of the court allowing the fol- !
lowing question to be asked the wit /
hess, John Kalua, by the prosecution |
on the direct examination, to-wit: /
Did All Sing ask you to do anything |
for the old woman, Kanoa, when You /
met him between 3 and 1 o'clock on !
Saturday, November Sd, at the house /
burnt?n The prisoners counsel OBJ 4
jected 10 this question as being i'm /
material.
We find that evidence was taken
before this question was asked to the /
effect that on the afternoon before the
fire, the prisoner took the said Kauoa,
who was living at the same house
with All Sing to another house some
distance away and made arrange
ments to have her taken care Of by
the people Of the house, and explained
to them that the old womah ought
not to stay at the house with All Sing
or she would die, and if All Sing did
not get wife he also would die. The
mere removal Of the old woman from
the house that was destroyed by fire
later the same evening, and in the
ruins Of which An Sings remains
We're found, was q suspicious circum-
stance, and the reasons given by the
prisoner for the change and testified
to by witnesses at the trial added