The Hawaiian gazette., 1893-08-01

This matter comes here on q duly
allowed bill of exceptions from the
Circuit Court of the First Circuit
Nav Term, 1893. The defendant was
charged with larceny, and the jury
rendered verdict of guilty. The de-
PENDANT excepted to the verdict as
being contrary to the law and the
evidence, and moved for q new trial.
The motion was overruled and an
exception taken and allowed to the
ruling.
The defendants counsel contends
that this is only a case of suspicion,
but after fair consideration of the
evidence sdduced, we are of the
opinion that it is g case of very strong
circumstantial evidence. The evil
dence for the prosecution as to the
nature of the coin stolen, and that
found in a place where it had been
secreted by defendant, the actions of
defendant during the day on which
the coin was stolen, her conduct
when the officers were searching her
house, and after they left, her great
anxiety to hide this money in another
place, (which coin she had had secreted
behind picture in her house, and
which had not been discovered by the
officers in their search, her first hid
ing it under her house, and shortly
after moving it to a place under the
steps of another house, which was
unOccupied: and when the coin was
afterwards discovered, she not pro
testing against its being taken, or
even claiming it at the Station House,
all point strongly to her guilt. We
might 60 on indefinitely setting out
points of evidence bearing on her
guilt. In the defendants own testi-
mony she positively denies facts
which were clearly established by the
witnesses for the prosecution. In
many regards her evidence, in our
opinion. tends more to strengthen the
case for the prosecution than to
weaken IT, The verdict is we'll sus-
tanned by the evidence, and we there
fore decline to disturb it on these
grounds. 1t has been held many
times by this Court that where there
is evidence to justify or support a
verdict, it can not be set aside A
number of those cases are reported
in With Haw. Rep.
The next exception argued IS In
regard to the Court censuring Mr..
Correa for leaving the Court room
during the time witness was being
examined and talking with the wit
nesses outside, said witnesses being
excluded from the Court room under
the rule, the idea being that Correa
was communicating 10 the excluded
witnesses what the witness on the
stand was testifying to. 1t appears
from the bill of exceptions and the |
clerks notes and record OF the pro
ceedings that the Courts attention |
was called to Correa's conduct; the |
person whom COrrea was seen |
talking to was called into Court !
and in the presence Of the jury was
examined as to what Correa had said |
to him, and the Court then said: 1T
seems to me that Mr.. Correa has gone
beyond what is right in
,ase of this kind, and 1 take the &C.
.asion now of admonishing Mr.. Cor
ga never to do anything Of the kind
igain." No exception was taken to
he examination Of this witness nor
o the comments of the Court at that
line, but after the noon recess such
was taken but disallowed
y the Court as taken too late, to
which ruling counsel for defendant
accepted and the exception was al
owed. Immediately following this
mother investigation was had a. to
that Correa had said to witnesses
nat had not yet been called, in re-
ard to the examination of a certain |
fitness that had testified. Before
be Court proceeded with this inves-
gation the jury were excused from
ne room, and the investigation took
lace out Of the presence aud hearing /
the jury. Defendants counsel ]
aid: ''Your Honor will allow me to Z
ote an exception to these proceed
lgs during the tendency of this
-ial," and moved the Court to mod
y its remarks Of censure Of Mr..
Orrea- The motion was denied and
4 exception was taken and allowed,
le Court ruling that the exception /
5 allowed should apply only to the !
sfussl OF the Court to modify its
ensure Of said Correa and the Court
nd, lThe exception is to the ruling !
I'd not to the matter Of the inyesti- !
ation," to which defendants counsel z
.plied yes" The jury having re-
lrned to their seats, the Court said, j
Gentlemen Of the jury, Will state
yoH that after investigation gua
'nvinced that there has been 10 3
.timidatioB either Or the part Of /
&c prosecution or the defense"
Now It Is conten1ed that these p
and tho censuya NJ