The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1897-11-30

E
zz-A5--- acquitted. sas member Of
zzz-l-E
s-ecl-=e- minutes before noon yes
ar Judge Perry FINISHED his charge
81 .as # re smith murder trial
and -zer a- 1-ce Es1t o-t The trial
h h -1-e a-5 both prosecution
ana have bssa steadily a.
rE -he ca-es 70 the jury contain
"a - -te points -1 Law likely 10 be
-s5 1- -ee5e5 ly them 10 arrive al a
~ - accordance Eith he law and
IL the charEe were iuoor-
n-e1 El IRE Instructions asked by
- --us1- z-5 such o. those o.
- es-sz - H-e-e granted
ase l-s---c-511s we-e as follows
-Is sos believe e-c- the evidence that
-ts H-ssz Icsspz and -hs defendant
KErsz Ea-t -o he house Of Dr.. Jared
S-t a. rEz tsr mentioned in the
ana -lz- Ezpea then and
sc- and kIled Dr.. smith with
zs1-z --s-e5ll-sd malice afore-
-z uh11- authority. iustifc1-
rf-- c- cremation ty Law; or II you
tee z- Dr. smith was 50 killed
-- KAPPA was present.
ard = 5-G-ed. co1urs1anced or
Lz Zlrie-er In the com
CT -Es crime then. and in
case son VIII El6 -he defendant
E cf murder IN the drst de-
gree
.-If Fu- t-fers that either KAPPA OF
Ers Numbered Dr. Jared Smith in
-te =--E- ElrsziE deemed. or thar
s- EEpzz C- Eosepl vas guilty as
r-lrc-a-. beng present and aiding. in
G-c r---s-z1ci1s OF encouraging
re- murder. and -hz- the defendants
--a-z ana George Rzthburn OF eitheg
10 -hzE E--E-E re E-iit q kape2
E-5 E1zHu1 1- ether OF them did aid,
ha-tr-- cc-caEl maintain or assist the
rs- k-cWl ro D. guilty. with the
5r-e-r -EsE such person should avoid
u- as41e from detection. arrest. trial
r- r--zsL-e--- then such defendant Is
-F Ct beng accessory after the fact
r. ne crime 81 murder in the first de-
E= ard ycl should 50 find.
As far as kEic Is concerned the law
-s hin ~ sE5elt his Own son. but
-ts --u-acE1z does 1Ct extend 10 The
rErtEWs IT, therefore. you
fuE -zt -ossFz Is nephew 70 kaio
- E1sez vzs guilty Of the crime Of
The first degree either as
-Le az himself OF as being pres
e-- s-E z-E and thar kzio knOwins
-s b1- C1neeaL maintain ol
z --serz Ei-h the intent that 10
sz shcEl5 avoid or escape from de
-a-c- zr-ss-- rizl OF punishment
-r- -ha defendant Eato Is guilty o
beng zceassorv AFTER The fact 70 III
Fe "a murder fn the first degree, anl
y1l sh01l5 So find
I'm c1-sfEeri1g whether OF not n
1e.e- zr-s EEio. Tpsps and Georg
R-t- had suEcielt knowledge o
Tie cr-s 20 b. accessories after n
r- char-e vou that il l. suficien
rc -a-Ee- si5 gwen By bin unlawful
AZ v1r f-F from The evidence that h
zreres accessory had good reason Z
hsFere rhs perso- aided BY him 10 b
rn-r Of -ha murder II is not neces
s-r &c prove rhs- the accessory hs
zruzl knoula5Es q the facts connect
wh the guilt Of the murderer.
In order ca convict EEpea you mus
o. zfe5 frcu the evidence that n
--use---fr1 has proved his guilt be
vr-5 reasonable doubt. and you mus
have a zh5zi-E conviction that he
-hz person Who fred the fatal shot q
-hEr he Eas present. aiding. abettin
or ezc1urEilE the murderer
tn order To convict kafu OF being q
lzrcsss-rv before The fact 70 the murds
oF 1T smith. you must Be convince
hey--5 g reasonable doubt that
stz-e6 TIE criminal design OF the priI
cns- felor- and also that that desig
-zs subs-EnriaIly effected through b
EuE-auent thereto : e. that such il
r-e-s-t in fact contributed 10 {
hel7zE along The commission OF u
uEezse
In order to convict Kaio Of beiI
Al accessory after the fact, you mu
= convinced bevold q reasonab
Euuh- thar Iosepa was present at 4
murder q Dr. smith. aiding and abe
rfrz he sane. and thai kaio kne
thar fact. and thereafter. harbored, CO.
cszI=d- maintained and assisted sa
Tassua With The intent that the sa
To.s=uz should escape detection. tri
O. u-rishzznf-
Kzpez beng the son Of Kaio.
=o-ld - no ofense for Kaio. to ha
hor. conceal OF assist Kapea- even
hs snsE that Kappa had murdered Z
E1c-cr-
Mere silence or approval OF Z
rr--issiun of The murder would 4
make EEic an accessory after the fact
Tu6se PsrrT quoted from the statut
reEn-5fuE the definitions Of the val
u-s terms and their application
also charged then Eith their duties
r-sz- In respect 70 the princir
defendant Espss. Judge Perry chzrg
the 5urT that their verdict must