The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-01-23
INAUGU RATED.
THE NEW JUDICIARY SYS-
TEN IN ACTIVE OPER-
ALTON.
Initial Term of the Fourth Cir
cult Court at RiIo.
THE COSTA MURDER TRIaL-CoURr
NOTES, ETC.
From our special correspondent

Cdue IHto euecG on the 0rSC or jan
uary, current, it was not until the fifth
of the month that the real Inaugural
ton of the new system took place, on
which date the new Circuit Court for
the Fourth Circuit begun, at Hilo,
the initial term under the new condi-
tions. And although at the date of
the sailing o. the Kinau from that
port on the 10Th instant, the labors of
the term had not been completed, yet
enough had transpired to fully DEM
onstrate the success of the new system
and to convince both the bar and the
public of its utility.
The term opened with calendar of
cases few iii number, but including
some of considerable importance,
among which the Costa murder case
takes first rank.
A few criminal cases of little mo-
ment occupied during the first two
days the attention of the Hawaiian
jurors, who acquitted themselves and
the defendants with their usual ALAG
rity. The foreign jury followed, and
by number of acquittals of defend
ants charged with minor offenses,
aided in making of the early part of
the term a Jail delivery, relieved,
however, by the conviction of brace
of opium tiends.
THE COSTA CASE
was set early in the term for trial on
Monday, January Sth, but at that date
Mr.. Wilder, Deputy Attorney.Gen-
eral, having been unable to meet all
his witnesses and prepare his case, OBJ
tanned a continuance for forty-eight
hours.
The circumstances of that celebrated
case were as follows:
The defendants, John and Anna
Costa, are husband and wife,-the
former an Italian of about 50 years of
age, the latter Norwegian aged 30.
Costa has been over thirty years res
ident of this Kingdom, (Ah. beg par
don, this is no longer Kingdom) is
very small man, matchmaker by
trade, and a farmer by occupation.
He has been instrumental in starting
several sugar planting enterprises
which have since and in other
hands, proven immensely profit
able, among which may be
named the plantation of the Hilo
Sugar Co., or, as it is more commonly
called, the Wainaku plantation. He
has never before been charged with
any Offense more serious than assault
ing Japanese contract Iaborer; has
long since, owing to ill health, aban-
doned his trade, except as an incident
of life, devoted to other pursuits; has
been successful chiefly in paving the
way for others to travel to lucrative
results, and, in a figurative way, has
done great deal of pulling against
the stream.
Some ten years ago he married his
present wife, then recently out from
Norway, and two bright and pretty
little fiaxen haired girls are among
the fruits of that union. During sew
eral years last past, the Costas have
lived at small settlement called Kali
naliu, in North Kona, Hawaii, q
short distance south of the junction of
the road from the beach at Keauhou
with the so-called Upper ROAD
which traverses the konas at dis
lance of four or five miles from the
coast. There he had bought home
stead Of considerable extent, upon
which be had placed quite extensive
residence and Outbuildings, and where
he was conducting dairy and stock
farm with considerable success,
though he had not yet secured release
from debt.
In the Costa household, as a mem
Der of the family, had been for a
couple of years past sister of Mrs.
Costa, named Sophie Kittleson, aged
20 years. She was a more recent ar
rival from Norway than her elder
sister, was bright, pleasant, indus
trlous girl, and much priced in the
home by each member of the family,
so far as the evidence revealed the
facts. But, like many, if not all Sis
tiers, Mrs. Costa and her sister had
their occasional though minor differ
ences or "growls," the one with the
other, one OF which occurring shortly
before the death of Sophie, consti-
tuted almost the sole basis of the
prosecution in this cause.
On the morning of October 4th last,
the C0stas announced to their neigh
oors that Sophie was dead, had died
suddenly, and solicited neighborly
assistance in their distress. The
nelghoors came in, one by one, and
received In turn statement of facts
from the Costas, in substance as fol-
lows:
That Sophie had been out of temper
with her sister for about week, and
that, during the most or all of that
time, she had not taken her meals
with the family, but had foraged fol
herself in the kitchen and larder; that
several days before her death (Which
occurred on Monday night
she had been suffering from a recur-
renee of her monthly period, and that
on the Saturday before her death she
had, against the advice and urgent
protest of her sister, and, while still 81
suffering, taken a bath in cold water
That on the Monday following sht
was complaining of illness, and tina
in the evening of that day she retired
early to her room without taking any
supper, and answered gruffiy, if at all
all inquiries as to her condition. Tha
Costa and his wife and the two littl,
girls slept in q room off the parlor
separated from Sophie's bedroom only
by board partition. That Mrs. Costs
was i'll during the night, was awak,
a good deal, awakened her husband
several times to prepare mustard plas
tiers for her use; that during one o
those waking spells, before midnight
she saw Sophie pass in the parlor b,
her open bedroom door, and heard he
go out through the back door; tina
after long time, during which sh
became anxious over SOphie's pro
lOnged absence, the latter returned
went to her room, and was heard ap
parently going to bed; that thereafte
Sophie was heard vomiting an
purging quite violently; that she 500
after raped on the partition of Mr.;
COsta's room. and called fOr "Paps