The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-07-28


apparent, or such as would Justify the
us. OF a lethal weapon in self-defense.
The further testimony OF kaouli sus-
taius the view that no weapons were
used by kaOuH or kauhaue upon de-
PENDANT until after he had wounded
them both with the knife, and that
defendant did not cut kauhaue after
being beaten by him. kaOuli says
that just a. the knife was taken from
defendant kauhane said, while mold
ing defendant on the ground, that he
was afraid defendant would escape and
told kaOuli to beat him. kaOuiI then
noticed his pistol on the ground, took
ii and with il struck defendant on the
head. The impact Of the pistol which
was self-cocking) on defendants head,
/ kaOuH says, caused its discharge.
/ kauhane told kaOuli not 10 sho l
/ him. kaOu.i. though faint and his
( leg and arm numb from the wounds,
/ Jumped on defendant and kicked him
/ a well a he could. Help was called
/ and finally other officers came and all
I three, defendant and kauhaue aud
/ kaOuIi were taken in hacks TO the
station house in weak and wounded
condition and all were afforded
, KaOuli, after several weeks, re
covered. Kauhane died in the early
morning of the DIST February last,
about thirty-twO hours after re
ceiving his wounds. When the
officers picked up defendant TO
convey him 10 the Station House, a
tin of opium was found on his person,
another was taken from his coat
pocket on reaching the Station House,
and three more were found where the
struggle had taken place. The jury
had right TO find from this evidence
thai The defendant, being a steward of
a foreign vessel, had brought the
opium ashore from her, and was there
fore engaged in smuggling when
stopped by kaOuli. If there was any
doubt aS TO the act of smuggling, the
facts would justify the jury III holding
that defendant had opium in posses
sion, which i illegal. These were cir
cumstances that justified officer kau-
hane's suspicion that an Ottense had
been or was intending TO commit an
Offeuse
The law Penal Code, Chapter 40
allowing arrests 10 be made without a
warrant in q seaport or town when
the offender is in the act OF commit
ting an Otfense, or even when il i not
certain that an otfenSe has been CON-
mitted, would Justify the jury on the
facts above detailed in holding that
kauhane and his brother officer were
not tTespaSSers in stopping the de
PENDANT so as to justify defendants
violent resistance. The evidence in
regard 10 the opium was therefore eX-
tremely pertinent, and its introduce
ton was proper. The law does not
make it imperative that the officer
Justice before he puts his hand on the
supposed offender. The statute See.
8, Chap. 10, Penal Code reads: AT
or before the time Of making an arrest,
the person must declare that he is an
officer of justice, if such be the case.
. If he make the arrest
without warrant he
should give the party arrested
clearly to understand for what cause
he undertakes TO make the arrest ana
must require him 10 submit and ac-
company him TO the Jail or magis-
trate. This done, the arrest is COM
plete " The law does not require inn
possibilities. The parties were en-
gagged in deadly conflict, and if the
Jury found as they would be justified
in finding, that the defendant, the
officers having reason 10 believe that
he was committing an unlawful act,
started 10 escape a. soon a the officers
came up 10 him aud, when stopped,
Immediately began cutting the per-
sous eudeavOring TO detain him,
with 4 deadly knife, they would be
authorized to find that the further eff
forts OF kaouli and OF the deceased Of
ficer kauhane 10 detain him, were
justified even though no formal arrest
was made. We must not lose sight OF
the fact that the assault with knife
was an Offense in itself for which the
officers had a right 10 mold defendant
The seventh and eighth sections Of
this Chapter on arrest have = strong
bearing on this case:
In all cases where the person ar
rested refuses to submit or attempts
10 e-cape, such degree OF force may be
used as is necessary 10 compel him 10
such submission.
- He who makes an arrest may take
from the party arrested all offensive
weapons which ne may have about
his person, and must deliver them 70
the magistrate, 70 be disposed OF ac-
cOrdiug 70 law"
To resume the narrative, hauhaue,
though apparently doing we'll after
his injuries, died unexpectedly, in
about UhiTty-twO hours. The surgeon
OF the Hospital who made the autOp-
~, DR.. {. 3. Wood, testified that in
his opinion kSuhAue died - the re-
suit OF there being carried = cIot OF
blood - the heart through q vein
from one of several wounds that he
had OF his body. and that lie found DO
other sufficient cause Of death. Page
- OF testimony The Doctors eN-
plantations were full AMI sufficient 10
convince the jury thar these wounds
were the immediate cause OF his
death.
Having thus reviewed the facts OF
q ~
new trial made ON the ground that
the verdict was contrary 10 law. the
evidence aud the weight OF evidence.
The charge OF the Court WIS -
follows:
GentIemeu, you have listened 10
tie evidence AMI have heard the
argument OF the counsel, aud IL now
becomes my duty 10 instruct you a.
70 the law which i 70 govern you IN