The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-01-22

in kitchen; carried no cartridges in my
pocket; between Magoney's going out
and coming back was about five minutes /;
| did not 20 to the kitchen in that interval ;
/ Ito Juror there were several AK handles
/ in kitchen, not far from the dining room
! table; Ito Mr.. Whiting) do not keep any
| cartridges near the gun; ito the Court
] door where shot was fired closes from
] inside.
! J. f. Eckardt, sworn-I am in charge
I of Queens Hospital know Magoney, he
was in hospital five weeks; his temper
/ is rather fiery and excitable; he was a
rather refractory patient; Magoney made
/ 4 remark when | was present In room,
| when his brother and Mr.. Flohr were
| there, that Ii Robertson hadn't got
! that shot Mt me, he would have been
/ wearing wooden overcoat by this
| time" he spoke so loud that had to
| ask him not to disturb other patients.
Cross-examined by Mr.. Whiting
/ That remark was made about week
after MagOney came to hospital; he was
not suffering more pain than was to be
expected from nature OF injuries; dres-
sing with carbolic acid does not cause
irritation, that is, until suppuration be-
! gins; it began in this case about ten
days after admission.
Thomas Maloney, sworn-Was an in
mate OF Queens Hospital when Magoney
was there; remember when Flohr and
Magoney's brother were there; CONVEX
sation was so loud that l told them to go
out OF the hospital; have had private
conversations with Magoney; heard his
reference to wooden over1oat, do not
remember other conversations OF that
kind.
V. V. Ashford, sworn went down to
premises where shooting occurred this
is approximately correct plan; | did not
measure distance from door to veranda
step, il is about five or six feet; found
blood on jamb of door and mark OF quite
Il pool of blood on floor, not as if rubbed
on but rs if it had spurted there; don't
remember whether step to yeranda was
high or low step; Magoney's bedroom
door is perhaps thirty feet from Rob
ertson's, but the rooms themselves are
not more than fifteen feet apart saw
cartridge belt hanging where Robertson
said it was forget whether | saw the
gun or not; Ito a juror as matter OF
opinion | don't think two barrels could
go off ut short distance and sound like
one discharge.
Cross-examined--Ha in my expert
ence fired two barrels together; never
mistook two FOR one ut short distance
my impression Is that did not examine
outside OF door,
Defense rests.
Mr.. Neumann addressed tine jury for
the defense, beginning at 5 ~ p. m. He
claimed that the evidence showed that
Magoney had brought his injury upon
himself by his violence, his threats
against Capt. Robertson and, so far Us
the latter believed, his attempt to exc
cute those threats. There were conflict
ing statements in the testimony for the
prosecution, which made the case better
for the defendant. Among all the other
witnesses for the prosecution none had
supported the statement of Magoney
that Capt. Robertson committed or at
tempted an assault upon him with an AK
handle. Mr.. Eckardt's evidence showed
that Magoney was a man of violent
temper, and that it had been his inten-
ton, according to his own words, to do
serious injury to the Captain and per-
haps take his life. Reasonable ground |
was established for believing that Rob |
ertsun WAS in actual bodily fear, and it |
did not require that man should be |
coward to defend himself as Robertson |
had The defense had nothing to do |
with the witnesses for the prosecution, |
but not one OF these would testify that !
more than one shot had been fired, ex-
cept DR.. Mckibbin who said that from |
the nature OF the wound there must have
been two shots fired There was no sur
geon whose diagnosis or opinion on
pathological question he would more
readily accept than that OF DR.. Mckib-
bin, but in the cunning matter he con-
siderei tht theory OF two shots was ire
concilable with the evidence OF eyewit-
neSSes. There we're two cunning men
on the jury vino perhaps could explain
how shots from a single discharge could
have penetrated Magoney's loot, his
shoulder and his. check at that short
range. Perhaps Magoney was in the
act OF stopping to mount the veranda
and being a small man the focus was
thus reduced so as to admit OF the
wounds described. Counsel commented
upon the testimony in detail, to show
that Magoney brought the damage upon
himself by his criminal conduct, and
that Robertson was fully Justified in
shooting him 10 protect himself against
what he feared was to be dangerous and
serious assault. The contradictions OF
and inconsistencies in Magoney's own
evidence were such as should take it al
together out OF their consideration. He
testified that he never set foot upon the
floor OF that house after ne was put out,
or walked out as he said himself; yet it
was clearly proved that he was in the
act OF stepping upon the veranda when
shot That was why he (counseD had 1
asked about the blood it was shown to
be on the veranda and on the door
jambs, and was undoubtedly Magoney's. /
After being warned off the premises on I
account OF his violent conduct, it would /
have served him right if he had lost his [
life.
Mr.. Whiting addressed the jury Tor
the Crown, beginning at 20 O'Clock. /
He briefly explained his position in the
case, having been asked only the previ- |
Gus evening to assist the Government. |
The evidence OF Magoney and the other
employees ofRobertson at that time, was I
conclusive to show that Magoney was |
the coolest man in the whole company.
All the others were excited, Robertson I
so much so that ne does not seem to have /
known what he was doing. 1t seemed /
very strange that all the cursing WAS 4