The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-01-13
TWO BOTTLES OF GIN.
Judge McCully's Charge In the HoOkoni
Murder Case.

Judge McCully's Charge In the Hookoni
Murder Case.
The Supreme Court was occupied
three days last week in the trial OF
John Kamakaia and Keliihookano,
with the murder of Hookoni (w.),
the jury bringing in q verdict of
guilty of assault and battery at $3.50
of Saturday evening. The alleged
homicide occurred near Diamond
Head at Waikiki last June, the
woman dying soon after an assault
committed on her by the defendants,
both being under the influence of
liquor. and the deceased likewise.
Being arraigned for sentence Mon
day morning, Mr.. Justice McCully
said:
1t is two bottles of gin that has
brought you to the bar of this Court for
sentence to-day. They have been the
origin and the agent of the whole of it.
They were gift to you but they cost a
good deal They have cost in the first
place the life of the woman Hookoni,
your wife Kamakaia, young woman or
at least a woman in early middle life
with, SO far as we have learned, q fair
expectation of long life. She was good
wife to you kamakaia, you say so your
self and the other witnesses say so.
These two bottles of gin have cost in the
way of costs of Court. or expenses in
Court in this trial a large sum,
L should say on mere estimate not less
than two hundred and fifty dollars.
They have cost you considerable counsel
fees and they are to cost each of you
term OF imprisonment. [ don't know
whether the three young women who
went out to your house to battle and fish
feel any compunction for all the mis-
chief they have wrought. It is strange
thing that they could not have gone to
make visit on friends without taking
two bottles of gin with them. 1t has
not appeared and we have uot tried to
find out where they procured or bought
those bottles of gin, whether from a
licensed or unlicensed seller of liquor. If
that man knows or could know he ought
to feel that he had contributed to your
crime; he ought to suffer in his mind
for it; but suppose he would take this |
salvo to himself, they generally do, that, |
if he had not sold it someone else would, |
You Hawaiians in late years have got |
your right of buying and drinking LIQUOR |
of all sorts, but it is most injurious |
right that you have obtained. The jury |
N their verdict have given you the bene- |
it of a doubt and their verdict is that |
he woman did not come to her death by |
he assault which you have committed |
1pon her. If they had been convinced |
hat the death Of that woman resulted |
rom your hands, notwithstanding that
t was aided by her condition of being |
trunk they ought to have found that you
we're guilty of manslaughter in some
ZION that her death was accelerated and
;aused by the assault that you Keliihoo-
lano made upon her, followed up by the
Itely following that assault she fell into
J condition of insensibility and remained
n that condition until she died. / have
hat moral conviction and l think there
vas ground for legal conviction of
as the result of that as
ault. 1t was a brutal one and termin-
'te'u uCI llio. al tuc Sdul6 tlLl0 IL Is I'D |
re said that it does not appear
hat you had an intention of kill
ng her. [ don't think that you had;
was the two bottles of gin that you
lad partaken of. The law provides that
n assault and battery found under an
Indictment for murder or manslaughter
hall have penalty of imprisonment at
ard labor for not more than two years,
r by fine not exceeding five hundred
ollars. 1t is separate provision from
he provisions of the Chapter on assault
nd battery, and gives higher penalty,
nd think the law provides it for just
UGH case as this, where the death
results from an assault and
ARTERY, but has not been found as by
he jury. | regret very much that you
re here, that sentence must be i'm
'osed upon you, for your appearance is
you seem to be men that
nay average well in character and
landing in the community, and you
would have done very we'll except for
he two bottles of gin, and l shall not
i've the highest penalty of the law.
The Court imposes upon each of you
he sentence of imprisonment at hard
abor for the term of eighteen months,
nd to pay the costs of court, the amount
f which will be settled hereafter.