The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-06-20

mans limbs were found SO tied as
to leave no doubt that the man had
not committed suicide. 1t was clear
that he came to his death by
violence, and it was their duty TO
find out by whose hands.
His Honor discussed the evidence
of DR.. Williams, who inclined to
believe that the man came TO his
death from strangulation, but would
hardy venture to decide whether it
was done before or by the hanging.
1t was not necessary for them 10 de-
eide exactly in what way he came to
his death, if they were convinced
that it was by violence. Neither
was it essential to know positively
the way the rope was put on the
arm. 1t was clear that one man did
not do the deed, there must bave
been assistance, and four men were
charged. He did not care TO discuss
the testimony at length. If they
found no irreconciable differences
in the evidence of Richmond and
Lala it would be entitled to weight.
1t was possible that Lala did not see
Richmond although there.
Murder was the killing of human
being without the eXtenuation Of
law. If they should find that Goto
was killed by defendants without
malice aforethought, it would be
their duty to Gnd them guilty of
manslaughtcr in any Of the three
degrees laid down. Motive was the
actuating influence. There was no
adequate motive to justisy the TAX
ing of human life. 1t was not
necessary for them to find adequate
motive in this case. If they found
these men killed the japanese with
malice aforethought, their duty was
to find them guilty Of murder even
il they failed to sec the motive.
Some men would kill for pecuniary
motive, others for revenge, etc., and
where there was no motive at all it
was evidence of insanity. They
were not bound to find all guilty
or otherwise. They might find one
guilty of murder, another of man
slaughter, find all equally guilty, or
acquit one or all.
He had said this was serious
case. He had regretted tendency
to levity that day, but supposed it
was because the constant strain made
any diversion welcome. The Japa-
nese were invited TO this country
and should have justice done for
them though the heavens fall. They
must not be influenced by the fact that
they were trying men Of their own
race and color. Yet it was their
duty to render verdict of acQuittal
if they had reasonable doubt of
the guilt of defendants. He scarce
~ considered Lala an accomplice.
lie should advise them 10 accept the
evidence of Richmond only with
caution unless it was fully corrobor-
atcd. If they considered Lala an
accomplice the same advice would
apply to his evidence. In the mat
ter of time it was not safe 10 reject
evidence on account Of slight dis
crcpancies as to when particular oc'
currcnces took place. The defend.
ants under our statute were to be
presumed innocent until proved
guilty. Questions of truth or falsity
of evidence depended q good dea
on the way it struck the jury.
His Honor then passed upon re.
quests by counsel for instructions
from the Court. lie charged that
the jury were to accept no theory OF
the prosecution which had not been
established by the evidence. Neither
were they to regard any impression:
formed on their udis itual minds out
side of this Court If they con
sidcred Watson and Babon not i'm
plicated, they were to acquit them
The men were all tried together, bu
were TO be judged individually
Nine men could render n verdict. l
any disscntcd their number SHOULD
| I'VE SIutttt bVO NOV lhtlI HuUtS. Nv
Chief Justice concluded his charg,
at 80.
Mr.. HATCH desired to except Il
that portion Of the charge whcl
said that the manner Of death wa
not material. He claimed that tn,
point was material TO the crcdihlit,
of witnesses. He also excepted Il
that portion regarding the possibilit,
of Richmond seeing Lala withou
Lala seeing Richmond.
HIS HoNoR said he had no opin
ions TO offer. 1t was not his pro
vince TO say whether the prisoner
were guilty or not guilty.
At $50 the jury retired to con
slider their verdict.
EVENING SITTING.
AT about quarter TO Z O'Clock
the jury came into court for instruc
tions regarding the penalties for tn
different degrees Of manslaughter
His Honor the Chief Justice CAV
the required instructions, when tn
jury again retired.
GUILTY OF MANSLAUGHTER.
AT ll:0j the jury again knockc,
tnt Il ,nt l.