The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-24

counsel ensued as to his status and
qualifications as an expert, he having
testified to his entire lack of expert
ence in post norton appearances at a
distance of more than a few hours
after death, and that he had never
seen a body as long after death
and burial as the case in
hand. However, the objections
to the Doctors testimony were
overruled, and he detailed the
results of his examination, including
the opinion that the immediate cause
of death was strangulation. 1t is but
Just to say that the DOCTORS reasons
for his opinion were not very clear.
They purported to rest upon separate
sets of appearances, so to speak, viz,
the internal and the external. The
latter were first observed by him, but
were not sufficient to lead him to
a conclusion. They consisted, accord
ing to his evidence, of series of livid
marks upon the face, neck, throat,
chest and limbs, some parts being
greatly discolored, and some parts re-
vealing what the doctor took for
thumb and finger marks. But he ac-
knowledged that those conditions
were not decisive, and that he was in
experienced in the Specification of
post mortem appearances so long after
death.
Proceeding to internal conditions,
the doctor found the lungs congested
and the auricle of the heart filed with
dark blood, apparently venous blood
returned from its circuit of the sys-
tenn, and all other organs either nor
NAL or unexamined. But the eOndi-
tions noted were, as acknowledged by
the expert, entirely consistent with
any of several other causes, including
arsenic poisoning, suppression of the
menses, or the common disease of
congestion of the lungs. Therefore
the doctor found no decisive features
either external or internal, to war
rant an opinion as to the cause of
death, but between the two he reach
ed and stated very positive opinion
that strangulation was the cause,
much adverse comment was made by
defendants counsel upon his entire
neglect to examine the brain, the
tongue, the larynX or the trachea, in
any of which more decisive evidence
could be expected than in the viscera,
but the Doctors opinion was I'M
shaken.
DIR. Williams removed the stomach
from the body, placed in bottle of
alcohol, unsealed, and delivered it to
the sheriff The latter officer placed
it in his bedroom at the house of the
Deputy Sheriff of the distaict, on
Sunday evening, and never looked at
it again till the following Wednesday
or Thursday, when he gave orders to
have it sent to Kailua en- route to
Honolulu. During the whole of each
intervening day the sheriff was alb
sent from that house and knew moth
ing of what was done, if anything,
with that bottle and its contents.
Consequently defendants counsel OBJ
jected to the introduction of evidence
as to its contents upon its delivery to
DR.. Lyons att Oahu College for an
alysis. The objection was overruled,
and DR.. Lyons in very interesting
manner described his having applied
practically all the known chemical
tests to the contents of the stomach,
and having separated therefrom about
six grains of ordinary arsenic, much
more than sufficient to cause death.
1t otherwise appeared that Costa
kept at least half q dozen varieties of
very active poison in a cupboard in a
small office to which deceased had I'M
restricted access.
THE CLOSE OF THE TRIAL,
When the Grown rested it's case OH
Saturday afternoon, the defendants
counsel announced that he should call
no witnesses, and was ready to go to
the jury when the prosecuting attOr-
ney should have made his address.
That was double-barrelled surprise
for the prosecution, for they not only
hoped that defendants would help out
their very weak case, but had over
looked the provision of the new Jury
Practice Act which gives defendants
counsel the last speech to the jury in
case he shall call no witnesses. Judge
Lyman ruled in favor of the defend
ants claim upon that point, and the
addresses of counsel followed; Mr..
Wilder, for the Crown, spoke twenty
and Mr.. Ashford, for the de-
tense, spoke two hours and q half.
The jury, after less than half an
hours absence, returned a unanimous
verdict of "Not GUILTY. which was
greeted by storm of applause in the |
Court room, and the celebrated Costa |
murder was finished, and the inno-
cence of the defendants thoroughly