The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-01-22
SUPREME COURT.
January Term-NIr. Justice Bickerton
Presiding.


Magoney-Verdiet OF Guilty-An APP
peal Taken.
The King vs.. J. r. Robertson. As
sault with deadly weapon. Deputy
Acknowledgement Peterson and w. \.
Whiting for the Crown; V. V. Ashford,
Paul Neumann and e. X. Wilder for the
defendant.
The Indictment was presented as fol-
! lows: That John Il. Robertson, for
eigner, on the 18th day OF October, 1888,
with force and arms in and upon one
Louis Magoney wilfully, feloniously and
without authority or justification by law
maGciously did make an assault, being
then ana 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 grieyously wound against
the peace and dignity OF our sovereign
Lord the King and contrary 10 the form
OF the statute in such case made and pro-
vided.
| The following jury was sworn: II. o..
| Crabbe, q. {. Stratemeyer, j. II. Black,
| y. W cASAi, IODSit btlSNS, l. y. DtlscN
| g. +. Howe, Hugh Gum, I. f. Lansing,
Chas. Lucas, J. NJ. Dowsett and w. f..
II. Deverill.
Deputy Acknowledgement 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-GeneIal,t 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-
sjble for it.
Dr. c. TrouSseau after discussion
| between witness, Crown counsel and the
! Court us to remuneration being paid wit
| ness as an expert, Sworl-I hold Ii.
cense to practise medicine; have been
here eighteen years; know the man
! Magonev: in October last | attended
upon him professionally; at , O'Clock on
| the morning of October IA, 1888, man
| brought Magoney in 4 brake to my
| house; it was dark and rough night :;
! Magonev was laid in the bottom of the
| brake; when found his condition | had
/ him removed to the Queens Hospital at
| once; | telephOned to DrS. Mchibbin
and Brodie. the Hospital medical officers,
! that there was 4 serious case ut the insti-
tuition; within half an hour the three OF
Us were there together, and made 4 thor
| ough examination OF Magoney; he was
very weak from loss OF blood; he was
| shot in the lower part of the LETT arm
]
was necessary; it vas performed by Dr.
Mckibbin; the lower part OF the left
fore arm hung by little piecesof skin; by
the size OF the wound | should say it
was made by shot.
DIR. Robt. Mchibbin sworn-I am 4
practising physician and surgeon; am
regular attending physician at the
Queens Hospital; Magoney was brought
there ut > o'clock 4. m. October 18th
Dr.. 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; Aiaguney
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 i shotgun there, double
bdrrelled breech-loader with 4 snap on
top; 1t was IN old gun.
CroSs-examined-The piece OF wood
produced is the brace OF a saddie-rack;
| found it near the verauda OF the house
It has been under lock and key ever
since.
Louis AIagoney, sworn-I know J. L.
Robertson; | 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 20 to Waialua
| got the horses after some difficulty and
took them home, arriving there about 3
O'Clock in the afternoon Robertson got
home about half or three-quarters ol an
hour later; he called Us all in to supper;
there were John; Angus, kealoha and
myself; we all had supper during the
meal | made some remark about the
description OF tue horses | was sent after
which made Robertson mad and excited
he called me a damned son of a bitch, land
getting up picked up an AK handle and
made two welts at me; | showed him
and he fell down, upsetting Kettle OF
hot water off the stove; | warded the
blows off; a man named John got hoid
of me and l went out by the kitchen
door and round to the room where
sleep; did not 20 into the room; while
standing outside thinking, saw Robert
son come right through the shed he put
q gun to his shoulder and said, you son
of q bitch l have got you now; he shot,
but l did not exactly feel it that time
the second time he aimed right at my
head; I tried TO dodge the shot ana
closed up to him when he shot me in
the arm; he said God damn you, l viii
kill YOU; | told him he might as well
have killed me; John came and he laid
nv 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 q bottle OF carbClic acid and
poured it into the wound; it burned me
considerably; while I was laid down
said you are d fine lot OF men not tohave
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