The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-11-26
KAPEA KAIO MUST PAY WITH HIS
LIFE.
kaio Guilty of accessory Before, the
Fact-Upana accessory After the
Fact -Rathburn Goes Forth Free.

Kapea Kaio convicted of murder in
the first degree, three dissenting.
Kaio convicted of accessory before
the fact to murder in first degree,
three dissenting.
Upapa convicted of being accessory
after the fact to murder in the first
degree, three dissenting.
George Rathburn, not guilty Of the
charge of being>accessory after the
fact to murder in the first degree, one
dissenting.
Above is the verdict of the jury in
the Kauai murder cases given to the
Court az PAS O'Clock.
The counsel for the defense have
fled motion to suspend sentence
until next term.
At fifteen minutes to, 12 o'clock this
morning the jury in the Kauai muir
der cases retired to their rooms in the
judiciary building.
They were given Instructions by
Judge Perry. which were slowly inter
preted by w. l.. Wilcox, to guide
them in reaching "A decision.
Attorney Kinney, for the people, in
his request for Instructions, asked
that if the jury believed from the evl-
dence that the witness Iosepa, and the
defendant Kapea, went to DIR. Smiths
house on the day of the murder and
that Kapea then and there killed the
doctor with deliberate, premeditated
malice aforethought, or if the jury he
Geved that the doctor was killed by To-
sepa and that Kapea was present and
aided in the crime, then in either case
they were to find Kapea guilty of
murder in the first degree.
Mr. Kinney also requested that the
Jurors be told that if they believed
that Upapa and George RaunDurn
knowing of the guilt of Kapea and To-
sepa, or either of them, did harbor,
conceal. MAINTAIN or assist the person
known to be guilty with the intent
that such person should avoid punish
ment then such defendant is guilty of
being accessory after the fact to the
crime of murder in the first degree
AS. far as HNio is concerned, Mr.
Kinney admitted that the law allows
him to shield his own son, but this
protection does not extend to the case
of nephews. So should Iosepa be
found to be IA nephew of Kaio and if
found guilty of. murder, then l>aio
should be found guilty of being acces-
sorry after the fact.
Judge Perry then gave these in
structions to the jury:
Attorney Robertson for the defense
also submitted a request for instruc-
tions. Some of these the court gave
tn ha
fused. Among those submitted were:
I'm order to convict Kapea you
must be satisfied from. the evidence
that the prosecution has proved his
guilt beyond all reasonable doubt, and
you must have an abiding conviction
that he was present encouraging the
murder.
IN order to convict Kaio of being
an accessory before the fact to the
murder of DR.. Smith you must be con
vjnced beyond all reasonable doubt
that he shared the criminal design Of
the principal felon and also that that
design was substantially affected
through his incitement thereto that
such incitement in fact contributed to
the help along the commission of the
offense
A bare knowledge and concealment
of the fact that a felony is to be com
mitted or even bare permission to
commit a felony does not render one
accessory before the fact.
In order to convict Kaio of being ac-
cessory after the fact you must be
convinced beyond a reasonable doubt
that Iosepa was present at the muir
der of DR.. Smith and aided and abet-
ted the same and that Kaio knew the
fact thereafter and assisted Tosepa
with the intent that Iosepa should es-
cape detection.
/, Judge Perry's instructions were
quite long. In speaking of Rath-
burn he said:
AT this point | instruct you that
you must find Rathburn not guilty Of
being an accessory before the fact
the evidence is not such as. to warrant
you in convicting him of that offense.
But whether Rathburn is guilty of be-
ing an accessory after the fact
leave for YOU to decide upon the evi-
dence that YOU have heard but upon
the law as I state it to yon."
"The worst cold | ever had in my
life was cured by Chamberlain's
Cough Remedy" writes w. IT, Norton
of Sutter Creek. Cal. This cold left
me with a caugh and | was eNpecto-
rating all the time. The Remedy cur
ed me, and | want all my friends
when troubled with cough or cold
to use it, for it will do them good. 4"
Sold by all druggists and dealers.
Benson, Smith & Co., wholesale agents
for Hawaiian Islands.
CHRISTMAS GOODS.
Owing to lack of room, Iwakami,
the hotel street merchant, will dis
play his Christmas goods in he store
formerly occupied by b. +. Ehlers q