The Hawaiian gazette., 1893-08-01
n IRE Supreme Court Of the Hs.
waua1 Islands.
FEoyrsG0SL GoyEENNENT OF THE
HawAuAS ISLASDs y. CsaELEs
ArG-Sr HEErNG-

JUSE TEEN, 1925

% a-lrze 5- the District Court ID these
wp-1s held sufficient g Defendant 5
charged =i-h murder IN the MS De
z-=e. 5l tLZ- he did az Honolulu. lzL-,
ON zEs ISch Gzy o. March. 1872. make 8
-E-Le-u-S assault with g loaded pistol
-re1 one y. L Hu-tSuac, IL eolSe-
gCszcs OF wLlch sSii assault the said
De J.. Eur-Szzn died on the morning
1E March el-h, isS2-- EEs Magistrate
having corrected II his uittlUuS o.
gl-ulI--zl tce year I>ss - ISIS
- q. vas proper practice % name The Pro
giS---LL Government OF the HawzilG-
Islands ~ the prosecuting party
. TIE validity % the appointment OF
Judge Cooper who presided 81 the
--l1l wzS settled cy this Court II >
decision rendered jane 9th, 1885. on
the question raised Is 70 the validity O..
NJ Justice Frsz- appointment both
appointments resting upon the same
izE
q An indictment charging thas cas person
ElLeG Vas one D. l. HurrSuln' held
70 ts no. bad. = the Court in the s6-
~e-Ce Of evidence viii uo- presume that
ne has any Christian u4u5 other than
such ls-Ce- OF Letters. The presumption
ralE every person has GChr.Sti4n name
does ru- Cl.air II tins country
8. Al Indictment charging IN one count
murder. without designating the man
ne and means OF death IS authorized
1y statute : not bad Tor CupGCIty when
second count : inserted giving the
particulars Ut such CtsnSe-
Z demurrer 20 the Indictment having
been CTG--G-eE and exceptions taken
thereto. Is vas Co- error 20 proceed
EI-1 the trial pending the hearing on
the exceptions.
p The defendant stood mate. and refused
CD plead. IL vas proper BY statute
>e--C- S.. Grim. Procedure act, p.
g, C9-g Led LEEsl 90 El-1- 8 plea Of
C-E s-LrE-
$. twas nor error 70 Ei-0E magistrate
90 read from his notes Of evidence OF q
witness Eaz=- down II the preliminary
elimination, IRON ~ interpreter, the
evidence having been given IN the Ha-
TzIzl -E--Czge- the Interpreter hzv-
--E been >EI-l IS g witness and giving
his Own statement OF what the witness
lad sz-E- --e .w1 statements agreeing
substantially
The deceased. . few. hours before his
death from -zr5a-l p-S-o.-slC- rs --ILs,
sad -lll--FG TO- his friend. Z-- on
lE--E tod lr him chat he would CLLI
and see HIN In the morning replied
don think you Tl- see me II the
morning -z-z-s1L -->l gave ais
l1gzs q . friend E-t requested thar
ais --LlE- containing his clothing and .
Other personal effects be sent % his
mother 81 Haley, In Idaho Is. 3 I
he'd satisfactory evidence that de-
ceased believed be TzS about 20 de ]
and his statements then made Is % I
-lg MS lssal-zlC vas ard IS 90 other I
circumstances were properly admitted 4
- dying definitions.
C.. This admission Is nos prohibited b. the I
Constitution Art. =.
E The burden does C1- rest upon EEe U-C-
s5cEl-- Of showing. where the wound .
IS adequate % produce death. lLz- the 4
medical treatment vas sEi-stCL. and 1II 4
-C- II any |lE contribute 70 the death
or that d5C5zSe1 had no latent disease
OF af-Ee-r 60 when his de- rh might be
attributable Where the wound Ca-s5,i I
lT defendant Is Zteg-G-e and cal
1ula-5t % produce death, neglect or
-zL.r5z--g-r VII not excuse defend
ant
. liz vas not error for the Court 70 pass
sentence for Uzus-aCELter IL the Sc
-orG degree On g written verdict IN the
Hawaiian language finding the de-
fsl1a1t guilty o uz-S-2Czhter In the
s5Cg- dcsEres- the character for Sc
-1-1 being the hg-re2