The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-11-21
THIRD CIRCUIT COURT.
ACQuittal Of the KOna HOmi-
CideS.
Full Report of September
Term, 1890.

| IN November, the court Tor TINS
| judicial circuit was opened for bust
ness on Monday the 18th instant at
8 o'clock, a. IN. Present on the
Bench, the Honorable A. Francis
Judd, Chief Justice and Chancellor,
sitting alone without Circuit
Judge. The absence of Hon. f. S.
Lyman, Circuit Judge, is owing to
the above postponement and this be-
ing the season requiring his attend
ance upon the several tax appeal
boards in his circuit.
There were present the following
members of the Bar: His Excellency
A. p. Peterson, Attorney-General,
and c. Creighton, Deputy Attorney
General, as Crown prosecutors;
Hon. A. Rosa, w. A. Whiting, d.
H. Hitchcock, w. c. Achi and WIN.
Kaaemoku. Hon. Henry Martin,
the District Magistrate, was also
present.
Daniel Porter of Hilo, clerk of
the circuit, was at his post, and E.
G. Hitchcock, Sheriff of the Island,
was present with his host of deputy
sheriffs in charge of the several per-
sons accused and witnesses for the
prosecution.
The following persons were sworn
to act as court interpreters Kim
Char, Chinese; Wakah, Japanese,
and Henry Smith, Hawaiian.
The first case tried was that of
the King against Ava, Aiau and Ami,
charged with the murder of one
Akong in Keauhou, North Kona, on
August 10th last. The evidence
showed that Ava and Akong, the
deceased, were partners in the bust
ness of tobacco raising, and were
living together in the same house
which was burned, and that the
other two Chinese lived in another
house some thirty fathoms away.
The principal witnesses for the pro-
secution were the coroner of the dis
trict, Mr.. Muller, school teacher,
who attended to the wounds of two
of the defendants and DR.. Mouritz
who, happening to be in the district,
was called to examine the body of
the deceased which had been buried
some fifteen days. The trial of this
case occupied all of the afternoon OF
the first day and all of Tuesday
when at five o'clock in the afternoon
of the second day, the jury found 6
verdict of not guilty, two jurors dis
senting, who were for manslaughtel
in the second degree. w. A. Whit
ing appeared for the defendants
who were discharged from the Sher.
ifs custody.
The body of Akong, a Chinaman
was found dead and charred amid
the ruins of his hut in the region
back of Keauhou, Kona, where he
and Ava his partner were planting
tobacco. Ava was found almost
dead with % cuts on him, mostly
on his arms. Aiau and Ami lived il
their house some $50 feet away
from the house that was burned.
Their story in defense was that
: owing to disappointments in theil
business, Akong was anxious to sci
out to Ava, but this was refused by
5 Ava. That night, August 9th, Ava
, was awakened by receiving cuts on
5 his head from pork cleaver in the
hands of Akong, who slashed at hin
) until he was helpless and then SCI
5 fire to their house, and tried to pre-
1 vent Aiau (who came to the rescue
, on hearing Awa's cries for help,
r from coming into the house.
| Aiau received two cuts Cd TIL,
head from Akong, but then got ind
} the house and pulled Ava out. II,
t returned to get Akong out, but thu
r flames and smoke of the burning
I house made this impossible and they
: left Along to his fate. This nara
e tive was not capable of being prev
$ ously contradicted by the prosecu
X, ton and accordingly the defendant
/ were acquitted.
The next case tried was Olomi
VS.. Kanuku, libel in divorce. TIT
Court granted a decree of divorce
on the ground of desertion and ute
s failure to support. w. c. Achi 70
t plaintiff, no appearance of or 70
n defendant.
e The following disposition of othe
e cases was made:
g The King VS.. Kalanawahine Ok
g and Kaheana (w), adultery. Apes
e from the District Court of Mort
!. Kona. Defendants Withdraw thei
/ appeal.
d The King VS.. VIM, Manu-. Seduc
e ton. From the District of Mort
a Kona. The Attorney-General dc
n clined to present an indictment
l. w. G.. Achi for defendant.
l. The King VS.. Laenui and seye
other defendants, malicious injury
st Appeal from the District Court q
;. North Kona, Prosecution enter
}. nolle proscqui, Some Of the deiuC
n ants did not appeal but paid the
'e fines. A, Rosa for defendants.
!. The King vs.. John kealOali
s. forgery, Commitment from Mort
J. kona, Continued TO next Nav teri
,, at lilo, W, G, Aobi and W III
!, aemoku for The defendant,
s. The King Va, koaYe kamake
le cruelty 10 0nimals, Appeal fr0
!, / Inc Di,tllpi llnurt nf lluuu Entn