The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-07-31
BEFORE JUDD, c. J, BIcKERToN AND
FREAR, j..

l. A charge in the District Court in these
words held sufficient Defendant Is
charged with murder in the first de-
gree, in that ne did at Honolulu, Oahu,
on the 18th day OF March, 1892, make a
murCerous assault with loaded pistol
upon one ID. l.. Hurtsman, in cOnse-
quence OF which said assault the said
-. l.. Huntsman died on the morning
Of March 2Oth, 1872" the Magistrate
having corrected IN his mlttImuS OF
commIttal the year 1892 to 1898.
,. 1t was proper practice to name the Pro-
visional Government OF the Hawaiian
Islands as the prosecuting party.
B. The validity of the appointment OF
Judge Cooper who presided at the
trial, was settled by this Court in a
decision rendered June 9th, 1893, on
the question raised rs to the validity oil
Mr.. Justice Fredr's appOintment-bOth
appointments resting upon the same
law.
T. An Indictment charging that the person
killed was zone ID. l.. Huntsman" held
To be not bad, as the Court in the alb
sence of evidence Will not presume that
ne has any Christian name other than
such letter or letters. The presumption
that every person has Christian name
does not obtain in this country.
>. An Indictment charging in one count
murder, without designating the man
ner and means OF death as authorized
by statute is net bad for duplicity when
a second count is inserted giving the
particulars OF such offense.
6. y demurrer to the indictment having
been overruled and exceptions taken
thereto, 1T was not error to proceed
with the trial, pending the hearing on
the exceptions.
:. The defendant stood mute. and refused
to plead. 1t was proper by statute
(Section So, Grim. Procedure Act, p.
3IS Compiled Laws) to enter plea Of
50 not guilty"
s. 1t was not error to allow a magistrate
TO read from his notes of evidence of a
witness taken down in the preliminary
examination, from an interpreter, the
evidence having been given in the Ha-
waiian language, the interpreter hav-
ing been sworn as 4 witness and giving
mis- own statement of what the witness
had said. the two statements agreeing
substantially.
g. The deceased, few hours before his
death from certain pistol-shOt wounds,
said goodbye to his friend, and on
being told by him that he would call
and see him in the morning, replied:
81" / don't think you will see me in the
morning" Deceased also gave his
books to a friend and requested that
his trunk. containing his clothing and
other personal effects, be sent to his
mother at Haley, in Idaho, U. S. A.
Held satisfactory evidence that de
ceased believed he was about to die,
and his statements JQe0 naue as 10
who mis- assailant was and as to other
circumstances, were properly admitted
as dying declarations"
10. This admission is not prohibited by the
Constitution. Art. I.
H. The burden does not rest upon the pro-
secution of showing, where the wound
is adequate to produce death, that the
medical treatment was skillful, and did
not in any way contribute to the death,
or that deceased had no latent disease
or ailment to which his death might be
attributable. Where the wound caused
by defendant is adequate and cal
culated to produce death, neglect or
maltreatment will not excuse defend
ant.
-. 1t was not error for the Court to pass
sentence for manslaUghter in the Sc
cond degree, on q written verdict in the
Hawaiian language finding the de-
PENDANT guilty of manslaughter in the
secon ddegree. the character for "se-
cond " being the figure ,.