The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-24
THE NEW JUDICIARY SYS-
TEN IN ACTIVE OPER-
ALTON.
Initial Term of the Fourth Cir
cult Court at HiIo.
THE COSTA MURDER TRIAL-CoURT
NOTES, ETC.
lFrom oar special correspondent.l

Although the new JUDICIARY ACG
came into effect on the first of 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 of 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 in 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 alac-
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 fiends.
TUE 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 81 years of
age, the latter a Norwegian aged 80.
Costa has been over thirty years res
ident of this Kingdom, (Ah. beg par
don, this is no longer a Kingdom) is
a very small man, a matchmaker by
trade, and 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 a japanese contract laborer; has
long since, owing to i'll 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 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
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 Roadn
which traverses the konas at q dis
lance of four or five miles from the
coast. There he had bought home
stead of considerable extent, upon
which he had placed a quite extensive |
residence and outbuildings, and where |
he was conducting a dairy and stock |
farm with considerable success, |
though he had not yet secured release |
from debt.
In the Costa household, as a men,
Der of the family, had been for q
couple of years past sister of Mrs.
Costa, named Sophie Kittleson, aged
20 years. She was a more recent ar
'ival from Norway than her elder
sister, was bright, pleasant, indus
jrious girl, and much priced in the
home by each member of the family,
10 far as the evidence revealed the
acts. But, like many, if not all sis
ers, Mrs. Costa and her sister had
heir occasional though minor differ
noes or 'growls," the one with the
'ther, one of which occurring shortly
,efore the death of Sophie, constf-
uted almost the sole basis of the
prosecution in this cause.
On the morning OF October 4th last,
he Costas announced to their neigh
ors that Sophie was dead, had died
and solicited neighborly
ssistance in their distress. The
eighbors came in, one by one, and
eceived in turn a statement of facts
rom the Costas, in substance as fol-
)ws:
That Sophie had been out of temper
18th her sister for about week, and
nat, during the most or all of that
me, she had not taken her meals
18th the family, but had foraged for I
erself in the Kitchen and larder; that [
everal days before her death (Which |
ccurred on Monday night;
ne had been suffering from a recur-
,nce of her monthly period, and that
n the Saturday before her death she
ad, against the advice and urgent {
rotest of her sister, and, while still so 7
lffering, taken bath in cold water. {
hat on the Monday following she i
as complaining of illness, and that {
/ the evening of that day she retired {
lrly to her room without taking any
upper, and answered gruffiy, if at all. t
| inquiries as to her condition. That c
Osta and his wife and the two little l
rls slept in q room off the parlor, q