The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1891-01-20
TWO BOTTLES OF GIN.

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 a. verdict of
guilty of assault and battery at $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 a gift to you but they cost
good deal They have cost in the first
place the life of the woman Hookoni,
your wife kamakaia, young woman or
at least woman in early middle life
with, so far as We have learned, a fair
expectation OF long life. She was a good
wife to you Kanakaia, 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,
| 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 Hsh
feel any conjunction for all the mis-
chief they have wrought. 1t is strange
thing that they could not have gone to
make a visit on friends without taking
two bottles OF gin with them. 1t has
not appeared and we have not tried to
find out where they procured or bought
those bottles OF gin, whether from
licensed or unlicensed seller OF liquor. Ii
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
in their verdict have given you the bene-
fit OF doubt and their verdict is that
the woman did not come to her death by
the assault which YOU have committed
upon her. Ii they had been convinced
that the death OF that woman resulted
from your hands, Notwithstanding that
it was aided by her condition OF being
drunk they ought to have found that you
were guilty of manslaughter in some
degree, but cannot resist the conclu-
sion that her death was accelerated and
caused by the assault that you Keliihoo-
kano made upon her, followed up by the
assault by you kamakaia. Immedi-
ately following that assault she fell into
a condition of insensibility and remained
in that condition until she died. | have
that moral conviction and l think there
was ground for legal conviction OF
manslanghter as the result OF that as
sault. 1t was a brutal one and termin-
ated her life. At the same time it is to
be said that it does not appear
that you had an intention of kill
ing her don't think that you had
it was the two bottles OF gin that you
had partaken OF. The law provides that
an assault and battery found under an
indictment for murder or manslaughter
shall have penalty Of imprisonment at
hard labor for not more than two years,
or by fine not exceeding five hundred
dollars. 1t is separate provision from
the provisions of the Chapter on assault
and battery, and gives higher penalty,
and think the law provides it for Just
such a case as this, where the death
probably results from an assault and
battery, but has not been found as by
the jury. | regret very much that you
are here, that sentence must be i'm
posed upon you, for your appearance is
you seem to be men that |
may average well in character and |
in the community, and you
would have done very well except for |
the two bottles OF gin, and l shall not |
give the highest penalty of the law.
The Court imposes upon each OF you |
the sentence Of imprisonment at hard |
abor for the term of eighteen months,
and TO pay the costs Of court, the amount |
Of which will be settled hereafter.