The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-10-06
CIRCUMSTANTIAL.

altogether of a circumstantial character,
but the prejudice against the prisoner was
extremely strong, and no one doubted that
o conviction would be the inevitable result
of the trial l arrived at the courthouse
just Us the proceedings had commenced. 1t
was dark and tempestuous day, and the
arge pine forest which surrounded the
building added to the gloominess Of the
scene. The prisoner was ushered in under
guard Of constables and placed in the
dock.
The evidence disclosed that the deceased
and the prisoner had been drinking togcth-
er and had quarreled, that the prisoner
had struck the deceased, that he had
sworn he would be the death of him, that
through the intercession of the bystanders
q patched up reconciliation had taken
place, willingly on the part of the de-
ceased, doggedly by accused; that the de-
ceased had started to go home by his usual
route, and that the prisoner had imme-
diately followed him, although his home
was in a contrary direction; that sounds of
strife were heard shortly after, that the
deceased had never again been heard of,
that suspicion having fallen upon the pris-
oner, his steps upon the night of the diff
Guilty had been traced, that marks of q
struggle had been found upon the earth
and drops of cOagulated blood, and that
the accused, having been asked to account
for the deceased. denied that he had ever
seen him after the moment that he left on
the night of the difficulty. The previous
quarrel the threat, the evident unwilling
ness of the accused to become reconciled to
the deceased, the fact that he followed
him, the noise of the conflict supposed to
have subsequently, taken place, and the
| Indications of ctrifa oT1 blood CHI TINT bo
path afforded, joined to the sudden disap-
pearance Of the deceased, all combined to
fix the crime of murder upon the prisoner,
and he was forthwith arrested and con
fined in the Jail of the neighboring county.
Such was the case made out by the state,
! and it increased the excitement against the
unfortunate individual at the bar. But he
! still retained the appearance of perfect
| calmnesS, and when called upon for his de
! Tense he answered that all the matters that
had been testified to We're doubtless true,
but that they gave no evidence of his guilt;
that it was true that he had quarreled with
John Grimes, the individual whom he was
! alleged to have murdered, and that he had
struck him; that the threat he had made
was but the idle declaration of man who
is excited by liquor; that he had become
reconciled to him unwillingly because he
| had no faith in his overtures that he had
followed Grimes that night because he had
business with a neighbor i'll the direction
of his house; but that Grimes having
walked faster than himself, he had lost
! sight of him Immediately and had not seen
him again that night.
The defense was conducted by the priS-
oner in person, and it was evident to me
that although the calm and collected man
ner in which it was made had its impress
sion upon the judge it had none upon the
! jurors or bystanders. They had made up
their minds as to his guilt and were deter
mined that his life should be taken. The
solicitor general closed the case. He dwelt
with burning and bitter eloquence upon
! the crime of murder; he spoke of the cool
and deliberate manner of the prisoner and
| reproaChed him as one who could gloat
| like cannibal over the mangled remains
of his victim. He dwet with great mi
nuteness, clearness and ingenuity upon the
train of circumstances (which could not
lie, and he threw web Of guilt around
the prisoner that no one doubted would in
| volve him in destruction. But still the
! prisoner quailed not. The judge summed
up the case to the jury, nGrrating the cir
| cumstanCes and unfolding the law. He adj
| mitted that the facts were very strong
against the accused, but that one material
link was wanting. 1t had not been proved
| that Grimes was dead. He concluded by
admonishing them that they should not
convict unless they had sufficient evidence
of that fact.
But this caution was thrown away upon
the excited feelings of the jury, who, with
out retiring, made up their verdict of
! guilty, and the foreman was in the act
of signing it when the prisoner again rose.
g ask permission of the court, - said he
to call witness who l think will relieve
me of this diabolical charge, who will
prove that my hands are not red with my
brothers blood, who will show the i'm
! propriety and danger of a conviction upon
! circumstantial evidence - in short, who
will satisfactorily convince even the malig-
nant and demonlike heart of the solicitor
general that am innocent of this crime Z"
Have you any objection, Mr.. Solicitor
General?" asked the judge.
None, " responded the states attorney,
with bitter sheer, 'but if he wishes to
convince me and to save his neck from the
/ gallows he had better produce John
| Grimes F."
"That is precisely the witness seek to
introduce, " said the prisoner. Mr. Sher-
if, call John Crimes
/ lHe proposition OredUeu RredU excite
ment. Some of the bystanders laughed
aloud. Others heaped bitter excavations
upon the prisoner. The solicitor general
sneeringly asked him if he would have
him called again, and the Judge was evil
IDENTIFY fast changing his favorable opinion
of the prisoner, who, he thought, was tri-
fling with the court l turned to the cul-
prit and was amazed at the terrible change
that had taken place in his countcnance.
Its placidity and composure were gone 1t
was covered with livid spots, and immense
drops of perspiration were rolling rapidly
from his brow.
Call again, in Gods namer shouted
he at the top of his voice
The sheriff repeated the call. The storm
that had been slumbering for a short time
now burst forth with tenfold violence.
The rain beat furiously upon the shinglcd
roof, the wind howled and moancd like
condemned culprit, and several of tbs large
| pine trees that surrounded the builCiIU