The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-05-04
THE ALLEGED MURDER.

Proceedings taken before hon. >. H.
Austin, Circuit Judge, sitting as commit
ting magistrate at Honokaa on Friday
and Saturday, April II and Is, 1891.
Henry Silva, charged with the murder
of Kalaniwahine (k), at Kukuihaele, Ha-
mahua, Hawaii, on the night OF Sunday,
January %, 1891.
G. Wilder, Deputy Marshal, assisted
by H. Paakiki, for the Crown; Hon. }.
K. Kanuamano for the defendant.
After hearing the charge read, defend
ant pleaded not guilty. Whereupol the
prosecution called
DIR. II. 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 as
though he had been dragged on the
ground; cause OF death was conclusion
of the brain, result OF a blow on the back
of the head from some hard substance;
may have been caused by falling from
horse and striking stone. believed SO at
blow, he became instantly insensible,
remaining SO till his death four days
after.
DR.. C. B. Greenfield-Saw body after
death; examined body carefully, found
no bones broken, saw cut on back OF
head, was cut to the bone; saw bruises
and scoriations up and down on back
from shoulders to tue hips, was discolor
nH- dJSPOlHFDtlnD a
trifling 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 OH 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.
4 number of other witnesses were
called, who testified to the following
That kalaniwahine about dusk on Sun
day afternoon, January %, 81, went to
the house of Pouli, a native, occupying Il
room in one of J. NJ. Horner & Sons la
borers' quarters; that he was slightly in
toxIcated at the time, that with five or
six others they drank some more liquor,
| after finishing tie liquor all the rest left
the room, except Pouli 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 ' rela-
tive of mine" that Horner 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 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 l
will be blamed;" that defendant called
| Kaleikuo to come and assist him in get
| ting Kalaniwahine out OF the ditch; that
soon after Kalaniwahine was lying face
down in 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
were tied that kalaniwahine's under
| 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 lie defendants,
say, "You won't go, hey; well, PHI make
! you 60, you son of a -"
That defendant got kalaniwahine out
| of the mud hole and laid him in a dry
spot that Pouli asked to have him put
on a horse; that defendant sent word to
Horner that Kalaniwahine could not 90
10 Waipio; that Horner came there