The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-02-05
OPINION OF THE COURT PER JUDD, c. J
DOLE, j., DISSENTING.

ADCi-'~B - DAOA'--~N A%NN'I
The defendants were indicted at
the last October term of this Court
for the crime of arson in the first
degree in that they did at Kamoiliili,
Honolulu, Island of Oahu, on the
10th day of May, A. d. 1891, aud in
the night time Of said day mali
ciously, wilfully and feloniously set
fire to and burn the dwelling house
of one Lum Yum Kun there situate,
in which said dwelling house there
was then and there an occupant and
inmate, to wit, the said Lum Yum
Kun.
To which Indictment the defend
ants made the following plea:
And the said defendants, Lau Kin
Chew, Kin Pieu, Choy Tuck, Leong
Man Hoon, Kung Chopg and Tam
Sung, being brought to the bar of
this Court, and having heard the in
dictment read and the matters
therein contained, say that they
ought not to be put to answer the
said Indictment, they having been
heretofore in due manner of law &C
Quilted of the premises in and by the
said indictment specified and charg-
ed upon them; and for plea to the
said Indictment they say that
heretofore, to wit, at the July Term
of the Supreme Court of the Hawaii
an Islands, A. ID. 1891, they the said
Lau Kin Chew, Pin Pieu, Choy Tuck,
Deong Man Hoon, Kung Chong and
Tam Sung were duly arraigned upon
a certain indictment which charged
them, the said defendants, that at
Kamoiliili, Honolulu, Oahu, on the
18th day of May, 1891, they with
force and arms, feloniously, willfully
and of their malice aforethought,
did kill and murder one Lam Yum
Kun, contrary to the form of the
statute in such case made and pro-
vided.
And the said defendants further
say that the said murder so charged
upon them in the said last mentioned
indictment as aforesaid, included the
burning of the house of the said
Lum Yum Kun at said time, sup posed
to have been committed by said de-
PENDANTS.
To which said last mentioned in
dictment they did then and there
severally plead not guilty, and there
upon jury then and there duly
summoned, empanelled and sworn to
try the said issue so joined upon
their oaths did say that the said Lau
Kin Chew, Kin Pieu, Choy Tuck,
Leong Man Hoon, Kung Chong and
Tam Sung were severally not guilty
of the said murder; whereupon it
was then and there considered by
the said Court that the said defend
ants should go thereof acquitted, as
appears by the records of the said
proceedings now remaining here in
Court.
And the said defendants further
say that the defendants now here
pleading and the defendants in the
aforesaid indictment named and
thereof acquitted as aforesaid are
espectively the same identical per-
sons and that the said Lum Yum
Kun in the said last mentioned in
dictment named is the same identi-
cal Lum Yum Kun as is named in
the indictment to which the said de-
PENDANTS are now here pleading.
Wherefore they pray judgment
whether the crown will or ought to
prosecute or charge them on account
of the premises in the said indict-
ment to which they are now here
pleading contained and specified
and whether they ought to answer
thereto, and that they may be dis
missed by this Court without day.
The plea was verified by the intro
duction of the record in the former
case charging the defendants with
murder, and by the evidence given
at that trial of DR.. Trousseau, who
was called by the prosecution to
prove the cause of death of Lum
Yum Kun. His evidence is as fol
lows:
Il examined the Chinaman liam
Yung) on the 18th of May; Mr.
Eckardt was in the act of dressing
his wounds and burns. | told Mr.
Eckardt to proceed with the
dressing and make hun as com
Portable as possible, but I did no
think he had more than a few
hours to live. He was in a condi
ton from which people gen orally
never rally. He had an open incised
wound about the middle of the righ
leg near the ankle, then he had one
finger chopped off and the othe,
fingers injured. He was burned al
over and black with smoke, [ hardly
believe that there was part of hi
skin which was not burnt. TIL
burns were the cause of his death
the general burning of the body
The wounds would not cause death
they were not serious. The iniurie
could hardly have been done by tn
hook produced in court. 1 dom
think this was the instrument will
which the wounding was done. I
not impossible, but it is hardl,