The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-06-20
TIE HILO COURT.
May Term Of Third Circuit,
EIGHTH DAY.
WEDNESDAY, May II.


avoid saying anything to them IN
addition TO what had been so well
said by his colleague. Yet they re-
presented different clients and IL
was proper that he should add 'ess
them. Up III few years ago ne
rules required that the prosecu on
should state the means by which We
victim Of murder came to his deatu.
1t was unfortunate that this had be n
changed, admitting of the prosecu-
tons shifting of grou.d ftom 're
theory to another. In openipg ne
prosecution promised to prove that
Gotv was killed before being hun =.
and that the hanging was only u /
act of bravado. They had eDt rely
failed to show this. Richmond, who
professed TO tell the whole story,
said the man was dead before being
hung. DR.. Williams testified posi-
lively to his professional be i, q :
ter u careful investigation and att
topsy, that the man died from ST TO-
cation caused by strapCu a, on.
Tnere was nothing made clearer IN
the trial than that Go,o died from
the tightening Of that rope about his
neck. Inc boot marks on that pole
and the shreds of cloth were ~ a
mental facts in the case, aud no eyi-
dence by John Richmond or y
other witness heard could remove
these facts out of the case. 4
had been proved that the M: KS a.
the neck were made by ma s
hands and not by The rope, .nel
might be believed tina the nan wa:
killed before being hung NJ. TT,
there was no cv,derce al FL lat i q
man was caught by the ,nroa,. The
purported eyewitness said nc "s
caught by the mouth and %, b; cn
of the head. There was no cy,i' &c
of Goto's clothes being torn in his
handling by these men, and y
there is no other way TO account o
the clothes being torn except in 6
struggle of such X sd.
The next point was that of lhe
value of evidence. 1t is an IDOLS
putable principle of law ,nat mar
cannot be convicted of ca /.
crime on the evidence of IA accom-
plce. There was not Il pa" icle q
confederation from an ildepen, i
witness that either Watson or L Il.
bon was connected with the :ffair
These men were thce.ore en- ne ,
out of the case. The jury, however
had not been brought near the poi
of confederation at all. They ha'
first to consider whether an acco. al
plcc was to be believed, aud n It
to find what corrobo alton The Z wa
TO his evidence. Tive evid, nee 0
such men as John Richmond ant
Lala would require 20 be corrobor.t
cd in every particular. He did 10
believe they would decide q cv
action for $40 on the sworn eli
dencc of two such men, YET the
were asked TO consi Il four incn Il
the gallows on the evidence o. suci
men. John Richmond, who neve
looked any man in the face; wa
did not once on the stand look -,
ward these men, although their posi-
tons were changed to bring them il
front of him. IL was impossible t
believe such n man or even Lila
Goto was shown by the prosecution
to have left home at lali-past nine
and by adding up the times give
the proceedings must have becp car
ried forward to two O'Clock. lhcr
was no confederation in his kind o
testimony, it simply showed ha
Richmond told things that neve
happened.
The evidence of Richmond ant
Laia did not agree. IL was hu ID L
believe that Richmond was the G al
the time, without Lala having see
him at all. Some of the wl,ne,se
said it was a dark night, yet th
Japanese could sec the shadow OF
horseman on the road. Hirhmon,
and Lala were kept together for
week before the t.ial. That was
suspicious circumstance. Then her
was the giving of q Cove nment pc
sition to Richmond while lie vas he
ing detained as q Crown witness i
capital case. The amount wa
small, $50 n month, but then :.
accepted q reward of ST 70 hclpin
| in q murder. This was Il very sean
| dalous transaction, the Gove.nmen
paying n man salary willie DIET ain
ing him as q witness. None o. Il
would like TO live under govern
ment where such a thing was pos
| siblc. Mr.. Hatch commented o
the weak nature of the evidence @
intent and motive ag inst Nils n,
Steele. He did not think that hu
manity had fallen so low in these il
ands that 4 plantation manager corl
detail q couple of his men 10 X
man and that they would obey his o.
ders. He did not wish TO dimilish h
feeling Of indignation against sue
a crime, still he asked them not i,
convict these men without any re
| spectacle evidence. Lala's story O
getting 81 for helping in the murde
would only occur TO Hawaiian, an
it showed that his whole evldenc
was absurd. Mr.. Hatch before sill
ting down expressed the hope tina