The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-01-19


ming about and hitting the table, and
| looked after the table. Robertson
was scalded and others were rubbing
him with beer. ell, etc. After they
got through Robertson started for
the bedroom and just after that the
gun went off. Immediately after
ward Magoney came in with his arm
broken off and blood running, and
/ got frightened and ran off. When
gun wen: off was at table, not eating
but looking out for the table. Go
Juror from time Robertson was
helped until gun went off must have
been five minutes. Was 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. Be-
licve he was under influence because
he was very talkative contrary to
his usual habit.
Mr.. Neumann having declined TO
cross examine witness, now objects
to Mr.. Peterson resuming examina-
tion after having rested.
Cross-eXamined by Mr.. Ncumann: ::
Know row took place, although was
at supper, because we three (wit-
ness, Rennie and Magoney) were
there. Robertson went into bed
room. l was there all the time until
gun went off. | was very much
frightened, and was in yard till
Robertson called me TO get horse.
Prosecution rests.
THE DEFENSE.
DR.. f. l.. Miner, sworn: Re-
member August l4th. Called fol
injuries to Robertson. Met him in
street opposite Hawaiian News Com.
pany. Went back with him to your
office (V. V. Ashford's). Found
three parallel scratches on left side
of his head, bleeding, and mark as
of scald on the back of the head
Scratches might have been caused
by fall, Or by blows from an in
strument. They were sufficiently
severe to require dressing.
j. r. Robertson, defendant sworn
Heard evidence Of doctor. Go
scratches described by him from
being thrown down by Magoney
Trouble between Magoney and
arose from my checking him fol
using bad language at the table.
did not check him with an axe handle
or use violence. He got up befor,
l knew what he Was dong and cap
sized me over the stove. When
got up the boys were putting Ma
goney out of the door. Magone,
came back and said, "You white
hearted s. of b, I'll take live
out of YOU" | went into the room
Did not know where Magoney went
l asked boys if they were sure h,
was gone, rs | did not want to taxi
any chances with him. Then hearc
his voice from his room saying h,
would cut the liver out of me. Heart
him coming and out, sung dom
come near me, for l won't let yor
cut the liver out of me-. He wa
still coming and sung out the same
warning again. After the seconc
warning | pushed the door back
little to reach the gun, took the gur
and fired. He had one foot on tn
veranda when / fired. 1t was abou
dusk. l was probably a little cx
cited. The Chinaman's place wa
just behind, and | was afraid Ma
goney went in their to get knife
as he talked of cutting my liver out
1t was my impression that he wa
coming with knife, Was certainl,
afraid at his threats, that's why
told him to keep away and why
got the gun. had no other ide
than that he was coming back t
carry out his threat. What l calle'
out first time was, Don't you com,
here or I'll shoot" He was thel
five or six yards away, second tim
he had one foot on veranda and ap
proaching while he made threats
After | fired | went out and helpeC
Magoney all could, and he wa
abusing me all the time. Picke
up what Magoney dropped. 1t wa
that stick dying on the desk),
brace of the saddle rack. Thing
at place are in same position a
when occurrence took place. Can
not say positively on which side G
the door blood is. 1t is probabl
Magoney's blood. lie was four fec
from the door when shot, that is til
width of the veranda.
Cross examined by Mr.. Whiting
| was not drinking spirits that day
Am not positive whether | loade
J the gun at that time or not. Di
not take the gun up again, Angu
did. Heard Magoney abusing m
in loud voice, spoke in n rapi
stream and high tone of voice, use
every bad term he could. | imme
diately concluded on hearing hi
threat of cutting that he was comm
back with knife. First time / sa'
MpgCney prior to shooting he wa
four or five yards away. Am no
aware | used any "cuss words" q
the table. (To Mr., Neumann)
mean by "that time" that the GU
might have been loaded before.
could not be positive whether