The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-01-23

ing very badly, and said she would be
all right in the morning, and asked him
to shut the door on going out that
Costa reported this TO his wife who
was suffering from an attack OF heart
trouble), and who then sent one of
the little girls-a great pet and favor
tie with Sophie-to ask the latter II
they should call DR.. Lindley, who
lived next door, and that Sophie re-
fused such medical attention, and
said, in effect, that there was nothing
the matter with her; that nothing
further was seen or heard of her lex
cept more vomiting until about I
O'Clock the following morning, when
the same little girl was sent TO call
her aunt to breakfast. She reported
that "Auntie wouldn't answer and
Costa went TO the door of the bed
room, saw herlying upon the bed, fail
ed to obtain an answer to call TO her,
shook to awaken her, felt that she was
cold, and reported to his wife and
little girls that she seemed to be dead.
Then followed the summoning OF the
neighbors, as above stated.
Mrs. Costa was apparently overcome
by the death of her sister, and her
grief was deep and genuine, 10 all APP
pearances. She did not enter the
room of death until some Of her female
neighbors had arrived and preceded
her thither.
Upon the arrival of the first male
neighbor Costa took him TO the room
and putting aside the mosquito net
viewed the corpse. Its position was
somewhat contorted, it was partially
nude and quite rigid, the bed clothes
were in great disorders and receptacle
about half filled with what appeared
to be vomit, together with several
patches of a similar substance Oh the
floor, bespoke the severe gastric dis
turbance of the deceased. Costa re-
moved and disposed of the material
in the receptacle, and the floor was
subsequently, washed by some OF the
women who came to the scene. The
corpse was with difficulty straight
ened out owing to its great rigidity,
one of those officiating being Mex.
lean of long experience in Mexican
hospital, and who also had been an
occasional servant of the Costas for
several years and was we'll acquainted
with the family and their manner of
life. This man observed while lay
ing out the body q number of dark
spots on the girls left near the
shoulder, which he described as ap-
pearing to him like vaccination sears,
sbut noticed no other indications of
violence nor any other marks, ana
the man who aided him III that task
observed not even the marks men
toned. The two women who washed
and dressed the corpse observed no
marks. But when the body was re-
moved to the parlor about O'Clock
that morning, it was noticed that
livid marks appeared upon her face,
arms and throat. The testimony as
to those appearances was quite
conflicting, but the most Intelligent
witnesses indicated that the appear
ance of the features and skin was
changing so rapidly as to make the
conditions at any given moment OF
little value, except for purposes OF
comparison.
THE THEORY OF THE PROSECUTION.
The Crown formulated the follow
ing theory: That for some unknown
reason the Costas had determined to
destroy their sister, and had selected
that night as the time, and poison as
the means of carrying out their de-
signs.
In support of this theory they intro
duced evidence of the facts above
recited and some others. Among the
latter were the incidents of the two
sisters having mutually accused each
other in neighbours house OF hair
pulling propensities, at which time
they exhibited their respective
mementos of such propensitles in d.
vers livid marks and bruises upon the
arms, face, etc. 1t was testified to by
some of the witnesses that the marks
upon Sophie's throat and arms on the
day succeeding her death resembled
the marks of hand made in an at
tempt to choke or strangle her, and
in fiercely grasping her arms, etc.
From all of which the prosecution
evolved the further theory that though
poison was the agent of destruction
first applied, the culprits became
alarmed at the girls vomiting, and
fearing her recovery from the poison
and the exposure OF their attempt
upon the life of their sister, they re-
sorted to the brutal violence OF stran'
gulation to finish the project.
But opposed to that theory was the
somewhat significant item that ii
rested upon an assumption OF fact,
pure and simple, and that, with the
| single exception Of the mutual accu
sations of the sisters, as before stated
| the evidence of the witnesses for the
| prosecution showed the relations O
| the Costas and their sister to have
| been pleasant, affectionate anG cor
dial. The motive was still lac sing
and people do not, as rule, kill theil
| sisters without n motive.
THE TRIAL
occupied four days. The jury was OBJ
| trouble. the defendants using only
three of the twenty-four challenges a
| their disposal. About n dozen eX
cuses for cause were made, some ju
rors being prejudiced against capita
punishment, some against circumstan
| tial evidence, and some having formet
opinions on the merits of the case
| The end of the first day saw the pros
ecution fairly embarked upon its evI
| idence, and thence until the Afternoon
of the fourth day they claimed th
ear of court and jury.
Besides the facts outlined above
1.-THE Crown called DR.. r. 3. William
of Hilo to prove the facts developer
upon his autopsy held upon the body
of the deceased, five days after it
burial. 1t should be here explaine'
that by the first opportunity afte
hearing of the death Sheriff Hitchcocl
had gone from Hilo to investigate th
tragedy, accompanied by DR.. VII
liams. The doctor being called on a
an expert to testify as to cause c
death from post norton observation:
considerable skirmishing betwee
counsel ensued as to his status an
qualifications as an expert, he havin