The Hawaiian gazette., 1894-07-27

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 flames kauhaue,n though
placed before the verbs. This is not
an unusual method of constructing a
sentence. The subject of the verb is
the defendant and the object is James
kauhaue, and We find that il is al
legged in the indictment that the de
fendant Joseph Caecires did assault,
strike, cut, stab, wound, etc, James
kauhane.
We override the second ground
without comment, rs il needs none.
We answer the third objection to
the indictment by stating that in
emitting the statutory words "delib
crate premeditatei" before the word
malice The indictment charges
murder in the second degree. See
Chap. LNNI Laws of 1890.
Under the last ground of the motion
20 quash il is claimed that the statute
pages $40 and S4S OF the Compiled
Laws is contrary to Article Of the
Constitution of lSS7 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 or
she means by which the death
OF the deceased was caused, but il
shall be sufficient in any indictment
for murder to charge that the defend
ant did feloniously, wilfully, and of
his malice a orsthOught, kill and muir
der the deceased
We are not To consider questions as
20 the cOnstitutionality of a statute
unless they are essential to the decis-
ion Of the case. And il is 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.
raised by the bill of exceptions, the
facts Of this homicide must be pre-
scented, and we condense them from
the ;estim )ny sent up, as follows: On
the 18th February last, in Honolulu 3
Chiuaman reported 10 two detective
police officers, James kauhane and
Esoui by name, that opium would
be brought ashore that evening by q
81 81 a
then living at Brewers wharf. The
informant accompanied the officers to
near the foot OF Mauuakea street, and
as the defendant made his appearance
from the direction of the vessel, told
the officers that he was the man and
then went off The officers let defend
ant pass them, up Maunakea street,
they following defendant who crossed
.siiagonally from one side of the street
20 the other side, walking rapidly and
looking back occasionally and the
officers walking after him, they hav-
ing agreed between them that 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 TO escape.
Before the light was reached kaouli
went a little ahead of kauhane, and
when he had nearly reached defendant,
defendant started to run aud KaOuli
Jumped forward and caught defendant
by both wrists from behind. Defend
ant swung his hands behind him and
drew kaOuh up to him. Immedi-
ately Kauhane came up, brushed Ka-
Gull aside and seized defendant firmly
and in the struggle both fell into the
gutter close to the sidewalk, Kauhane
on top. Kaouli felt, just as Kauhane
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 Kauhane pushed him aside,
aud upon his arm just as he was
pushed aside. As kauhane was strug-
Cling with defendant and before they
fell, he, Kauhane, called TO kaouli TO
seize defendant which he did, and
pushed him on TO the hydrant. When
KauhaDe and defendant were in the
gutter kaOuli felt of his thigh and
found il covered with blood, and then
called out to hauhane that he was
cut, and Kauhane said, ~ am cut,
too Kaouli jumped on defendant
again and then noticed that defendant
had his knife in his left hand, and
kauhane was bearing down on IL TO
get possession of il. Kaouli then held
down the right arm of defendant $50
defendant could not use it, and Kau
hane took the knife from him. The
knife was handed first to girl who had
run up afterth struggling began, and it
finally passed to the officers of the Po-
lice station It's identity was fully
shown. 1t is large, heavy kitchen
knife with a heavy blade about twelve
inches long which comes to a point on
both edges.
The Jury were authorized from this
testimony TO find, if they believed it,
that gfirst) the defendant started TO
run from the officers, and, as Kaouli
testified, he had no opportunity to tell
him that he was a police officer and
that he was intending TO arrest him.
fsecond) that defendant began as soon
a. caught by his wrists from behind, to
use his knife slashing behind, first at
Kaouli aud then at Kauhane, wound
ing them both seriously. From the
places on the body of Kauhane on
which the two serious wounds were,
As described by DR.. Wood, the one on
his right thigh about six inches long
- Iaava ha ofhar