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

sons.
Ist. That it i not alleged in said
Indictment that the defendant did
strike, stab, cut, wound and beat
James kauhaue.
III. That il i not alleged in said
indictment that the wounds OF which
said kauhane died We're inflicted by a
knife in the hand of aud welded by
defendant.
81. That the description Of the
crime OF which defendant i charged
IN said Indictment l. murder IN the
second degree, whereas the SAID IN
,lictment purpOrtS 20 be for murder IN
che first degree.
9Th. That the Indictment charges
the defendant with no IndIctaole
crime under the law.
And that the said Indictment Is IN
other respects uncertain and INSULT
cient.
Reference to the Indictment will
show that the object of the verbs,
assault, strike, stab, cut, wound
etc, Is james kauhane,' though
placed before the verbs. This is not
an unusual method of constructing a
sentence. The subject OF the verb i
the defendant and the object Is James
Kauhane, and we find that il Is al
legged in the indictment that the de-
PENDANT Joseph Caecires did assault,
strike, cut, stab, wound, etc, James
kauhane.
We overrule the second ground
without comment, as il needs none.
We answer the third objection 10
the indictment by stating that in
emitting the statutory words 'dello-
crate premeditatedn before the word
malice the indictment charges
murder in the second degree. See
Chap. LNXI Laws of 1S9O.
Under the last ground OF the motion
TO quash il is claimed that the statute
pages SO and 343 of the Compiled
Laws il contrary 10 Article : OF the
Constitution of 1857 which requires
that an indictment shall fully and
plainly describe the Offense. The
statute is as follows:
In an Indictment for murder or
manslaughter or for being an Access
sorry to any murder or manslaughter,
IL shall not be necessary TO set
forth the manner in which CT
she means by which the death
of the deceased was caused, but il
shall be sufficient in any Indictment
for murder 10 charge that the defend
ant did ,felOniOusly, wilfuIly, and or
his malice a.orethOught, Kill and muir
der the deceased"
'
to the eOnstitutionaIity OF a statute
unless they are essential TO the decis-
ion of the ease. And il i not neceS-
sary here, for the second count OF the
Indictment, in our opinion, meets the
requirements OF the Constitution that
the crime must be fully and plainly
described and we pass by the question
whether or not the first statutory
count of the Indictment does.
We override the exceptions to the
motion to quaSh.
In order 10 understand the points
raised by the bill of exceptions, the
facts OF this homicide must be pre-
scented, and we condense them from
the testim 0ny sent up, as follows: On
the 18th February last, in Honolulu
Chinaman reported TO two detective
police officers, James kauhane and
kaouli by name, that opium would
be brought ashore that evening by
foreigner from the bark :. e. Allen,
then lying ut Brewers wharf. The
informant accompanied the officers to
near the foot OF Mauuakea street, and
a the defendant made his appearance
from the direction OF the vessel, told
the officers that he was the man and
then went Oft. The officers let defend
ant pass them, up Mauuakea street,
diagOnally from one side of the street
10 the other side, walking rapidly and
looking back occasionally and the
officers walking after him, they hay
ing agreed between them shat they
would not arrest defendant until he
was nearer the electric light on King
street, so that they could see where he
should GO If he attempted 10 escape.
Before the light was reached kaoui
went a little ahead of kauhane, and
when he had nearly reached defendant,
defendant started TO run and kaOuli
jumped forward and caught defendant
by both wrists from behind. Defend
ant swung his hands behind him and
drew kaouli up 10 him. Immedi-
ately kauhane came up, brushed ka-
Ouli aside aud seized defendant firmly
and III the struggle both fell into the
gutter close TO the sidewalk, hauhaue
on top. kaOuli felt, just As kauhaue
came up, that he was getting faint
and dizzy, and discovered that he had
been cut. He says he was cut on his
leg before kauhaue pushed him aside,
and upon his arm just a. he was
pushed aside. As kauhane WAS >trug-
Cling with defendant and before they
fell, he. kauhaue, called 10 kaOUl 10
seize defendant which he did, and
pushed him on 10 the hydran-- When
kaChare aud defendant We're in the
gutter E0OuI felt 81 his thigh and
found it covered with blood, and then
called out 10 kaUhaue that he was
cut, and kauhaue said, Il am cuc.
too kaOui jumped on defendant
again ami then noticed tLat defendant
had his knife III lis left hand. and
kauhAus was bearing down on Il 20
get possession ~ II. kaOuli then held
down the right arm Cf defendant -
defendant could not Use it, ami kay-
hane took the knife from him. The
knife was handed first 10 a girl who had
run up after the struggling began, andic
finally passed 70 the officers OF the Pc
lice station Its identity was fully
shown. 1t i large, heavy kitchen
knife with a heavy blade about twelve
inches long which comes 70 4 point on
both edges
The Jury were authorized from this