The Hawaiian gazette., 1889-08-20

5uOlN Tor >g1CG SSErsrSllQl SUI TX
+ cIlue 70 5,5n IN their challenges,
. Ths case Immediately preceding
cElS cIcstI1r IN the digest SsySs a
<eua-sre trfal i not aattec o.
right, IN application toz II i al
dressed 20 the discretion Of tbs
I Court.
This = iu conformity with or
views a1d - no application appears
60 have been made this ErUIrd Of
. oAfec-i1c cannot by entertained.
me next ground urged by coCu-
81 for the defendant /, that the
. Conviction re>csd upon the Uuco--
-ulo-srs5 testimony Of SccouP ,lcsS,
zE6 therefore the conviction ought
+ not ID Be sustained Besc q svi-
Y La1cs Sec I56. SICK 2. K1-zE 1aa5
+ El7r~gz- 1 Criminal Rep Green
\ 10. Bog T. ElwIgr, : Gar. & ?.
rgs. Rs- e. EE-zs5- 5 Car 4 ?. 5S5;
Egr G.. S1fgs. ; Car. < ?. So.
There can be 10 doubt thzt :
material part q the testimony
S-sl-S- this defendant vzS given
BIZ zeeouuIiceS. II / equally be-
yu1i doubt that : Jury may col
VET Eue1 the u1cu-rV1o-sts6 CsS-f-
uC-y Of such aecOIpIIceS; UC5 It /
usual N Gases Of felony Tor the
Court Co instruct the Jury, thSt such
testimony should De cu-ruoo-a5ed-
T1lS VS. done IN the case at oar,
and tue Jury having found 4 verdict
aE2in>- the defendant, ve cannot
say that - : uz-1er Of law, the
defendant wUuId Be entitled to $
rev trizL, even If we should think
there va I'd cur6rrrzt0ry tes-i-
U11y-
But We are clearly Of op1n5ou-
there v7as zbCudz1t eou6rnScUry I
evidence.
TIE case made for the pruseeu- +
ton was, that Qu01 Yep bad IN .
Cured the GlSpLsaSure Of tEe Sscret
society, n having given intQcm2-
ton 10 the police z1CE1-ItieS - 10 .
certain uEs-Sss committed by mem
lerS Of the society. and that 81 =
meeting O ee-tstn members q the
society. Of which the defendant
vy-C SOW W7z> president the murder +
= Qu1z Yep was discussed, and
L VS. decided thzt he should
Il murdered. thzt II vas arranged
be should De Induced 10 20 %
3 phase g. EC-0uu where the crime /
s<s ID Be Elected. Evidence pas
given By the $cconPLiees IN support Z
Z This. and thai QUQ1 Yep Was
1zIe drunk with IiguCr- and while
trunk wES murdered, We Sow
-lLdICg one Of his hands, while he
- being <lraEgtsd by others II
rs. aL.O stated that che CbGn PJou
-eQ1g VS. present when the nur-
81 Eas discussed 81 tae suciety's
lCu=- and ttzE he and the defend
n AI opposed IL 1t VIZ, also z
-Iyeu IN evidence that WQ Sow and
gCu1 Yep left Eilo together OF :
[0z14y- the sd Of July, for the
q zU51g 10 Hoz0ul
CECc PCCE Leo1Z eQrrudOrates l
he testimony = 70 Eis being pre-
INT WHEN the murder VS. dis
used and that he and Aki opposed I
/ That Wo Sow introduced the
-55ect and Insisted upon the ueees-
y q the murder and It Eas r.
l-yad BY : uEI5rity that II should
: carried cut, and the witness c
gain protesting left the ruou- and b
TX 10 further part IN the matter. 4
Il vs. zLs1 proved BY i1deUe1- D
=1t testimony that Wa Sow and j
lgl Yep were seen Together On L
Z road % E1EGu1 and that they :
1ppe1 q several places uelti1zsd Z.
: the zccoupLices- and that QuCu =
% VS. not seen alive after Tues
~ the z+th July. y
There L other EurrulorztIva testi- %
I1y upon minor details which II 4
19E Necessary 20 zLLGde to ia
Il VS. also Insisted uucE By n
U1=eL for the defendant that : f1
W trial should be granted, a. the II
coEd did Tot show that the q
.fs1dzEt had been arrzigued. or a.
Il he VS. present II Court during o.
z trial, or upon the rendering Of y
: verdict and that the record m
: N other respects insufficient =
II L sufficient to say that the IL
-Drd / D0c before u, sone mf1-
& made by the Clerk were for
zrd='1 with The papers, bzt these In
-EEtez Do E1t f0Em the record.
4 the bll q exceptions does nas
.=r 60 II
The exceptions arg OverrUIed- 10
C. ". Ashford, Att0rney-GeuerzI ?
the Cr0Eui lLzggou and Wilder
: The defeudznt-
Honolulu, July Is, 1859.
preze Court or the Hawaiian
BzEco- duly Tern "
1859.
e1
Xxx Trrrv- -