The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-05-05
THE ALLEGED MURDER.

Austin, Circuit Judge, sitting as commit
ting magistrate at Honokaa on Friday
and Saturday, April IL and Is, 1891.
| Henry Silva, charged with the murder
of Kalaniwahine (k), at Kukuihaele, Ha
makua, Hawaii, on the night of Sunday
January %, 1891.
| G. Wilder, Deputy Marshal, assisted
by z. Paakiki, for the Crown; Hon. j
X. Kanuamano for the defendant.
After hearing the charge read, defend
ant pleaded not guilty. Whereupou the
prosecution called
| DIR. III. Toki-Was called to see Kala'
niwahine on Monday morning; was told
of fall from horse, man was insen-
sible, had cut On the back OF the head
about three-quarters Of an inch long, in
| to the bone, shape OF new moon; did
not think man would live, gave him
some medicine to revive him; saw his
| back WAS scratched and SCARED from the
shoulders down TO the hips, the same rs
| though he had been dragged on the
ground; cause of death was conclusion
of the brain, result of blow on the back
of the head from some hard substance
may have been caused by falling from a
horse and striking stone. believed so at
| the time; when his head received the
blow, he became instantly insensible,
remaining so till his death four days
| after.
DIR. G. B. Greenfeld-Saw body after
death; examined body carefully, found
no bones broken, sew cut on back OF
head, was cut to the bone; saw bruises
and scoriations up and down on back
from shoulders to the hips, was discolor-
ed-a post norton discoloration; a
trihing scratch was in front of the body
on one OF the shoulders; Judging from
what l was told of the symptoms, death
was caused by conclusion OF the brain,
the result of the wound on the back Of
the head, followed by compression OF the
brain from blood in the cavity Of the
skull. The wound was caused by some
hard substance coming in contact with
the head; the first effect would be i'm
mediate Inconsistencies.
A number OF other witnesses were
called, who testified to the following
That Kalaniwahine about dusk on Sun
day afternoon, January %, '9l, went to
the house of Pouli, native, occupying
room in one of j. Nj. Horner & Sons la
borers' quarters; that he was slightly in
toxlcated at the time, that with five or
six others they drank some more liquor,
after finishing the liquor all the rest left
the room, except Pouh and Kalaniwa-
hine, that Kalaniwahine went out on
the veranda, that William Horner ar
rived at that moment and asked Pouli,
who he was, that Pouli replied I" rela-
tive of mine;" that Homer asked Ka-
laniwahine what he was doing there, that
he received no answer; that Horner
ordered him "to get out OF there" at the
same time hitting Kalaniwahine with
his cane, that Kalaniwahine went out,
that Horner followed Kalaniwahine and
struck him again with the cane; that
Kalaniwahine caught Horner by the
coat breast, that they struggled till
Pouli came and took Kalaniwahine
away, Horner going to the gate on the
Government road That quite crowd
had gathered in the road at the gate;
that Kalaniwahine presently came up to
where the crowd was; that Kane called
out to have him arrested for drunken
ness; that defendant forthwith arrested
Kalaniwahine and threw him down;
that Kaneakua and Wahinealii held him
down, while defendant went to the
China store and got new rope; that
Kaneakua tied his hands behind his
back; that Horner ordered defendant to
take him to the lookup in Waipio; that
defendant started with Kalaniwahine
for Waipio; that they were seen at the
Kekumano bridge (the Kukuihaele
stream) walking arm in arm, both talk
ing F." haole:" that they went out of sight
over the bridge beyond the village; that
they returned in quarter of an hour
that near the bridge Kalaniwahine fell
into a small ditch; that defendant re-
monstrated with him, telling him "not to
fall, by-and-by you will be hurt, and |
will be blamed;" that defendant called
Kaleikuo to come and assist him in get
ting Kalaniwahine out Of the ditch that
soon after Kalaniwahine vas lying face
down in a mud hole in the road below
the Japs' quarters; that defendant was
jumping from one side TO the other of
the mud hole, pulling and jerking on the
rope with which kalaniwahine's hands
shirt was around his neck, his body was
naked; that defendant held him by the
undershirt that defendant was swearing
that Jones over 200 feet away heard
voice, which he took to be defendants,
say, "You won't go, hey; well, Pll make
you go, you son OF q -"
That defendant got Kalaniwahine out
of the mud hole and laid him in dry
spot; that Pouli asked to have him put
on horse; that defendant sent word to
Horner that Kalaniwahine could not 90
to Waipio; that Horner came there
that two horses were brought, one for
defendant; the other was Kalaniwahine's
own horse; that Pouli asked to have his
hands united; that they we're united
that Kalaniwahine stood up alone; that
he seemed to be weak; that he was very
drunk; could not see any hurts on his
body, as he was covered with mud; that
his horse was brought; that Kalaniwa-
hine lifted his right foot and put it in the
stirrup unaided; that Pouli helped him
up into the saddle; that the saddle had
wood stirrup on the right side, and a
rope with loop did for stirrup on the
left side; that Kalaniwahine asked for |
the reins; that he swayed in the |
saddle; that he leaned forward; |
that his horse started to run;
that defendant did not help to |
put Kalaniwahine in the saddle, that de- |
PENDANT had mounted his horse, when |
the other horse started to run, that de-
PENDANT followed Immediately after;
IL IL