The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-10


u his work About $50 I o'clock, NJ the defendant
Yoshda the house and met Oyasu deceased in the
yard was working washing clothes and he
had hold Oyasu stabbed her with knife which he had
brought with him. The trying get away and
defendant kept sabbng her until separated by Akahoh and
Fukuda who her assistance when she fell the
ground and the knife taken from defendant by them
vigorous struggle had get the knife from him. He
asked why he did this, by Akahoh but made reply The
within few minutes died
When defendant first arrived and her. there
loud words alteration until the screamed when stab
bed by defendant
The knife a strong jack knife opened and had
cloth wound around that the blade could close
The her neck and throat and her body
covered with blood The wound in the neck severed the
arteries and caused death There wound the upper
side of the left breast another the back above the shoulder
blades The wound in the neck by the blow of knife
followed by long by drawing the knife violently through
the neck.
On Thursday November 4th between six and seven o'clock
in the morning defendant the of Kojima,
in Iahana and purchased knife which Koma testified the
of knife that used by defendant in the killing of
the Koma also testified that defendant then per
fecy sober and and not under excitement Defendant
left the Immediately and shortly after, the killing took
place.
The relations between defendant and Oyasu and re had
been friendly year half up weeks before the
homicide when re forbade the defendant his home
he had told false Oyau rice and during
those weeks defendant did go the house until Novem
Der 4th The evidence also shows that deceased good
The birthday of the Emperor of Japan was on Wednesday,
November g. 1891 and celebration had such wres
ling matches and drinking saki, Japanese rice wine
The defendant testified that Wednesday night he cee
bated and drank good deal of ak and the morning his
head got very When up, he drank ak and then
the and bought knife prne coffee the
knife which used in the abbng that ne put the
rag the knife wanted mauka and
leaves and eff did have round the knife would
slip my hand the cocoanut tree Ire and Taxa
motas houses and he went to the house. (akamota he
used there frequently and wanted to the peoples this
house house; that he had been drinking good
deal of sak and tired and wanted rest His feet
tired and he water to drnkbu water
was there said (Oyasu) who there (where
he went for water) here here will off and
get water" The said: You too drunk to
and get water There little water left in tub and 81
threw the tub and the the ground and OF the
spilled the womn foot and then the woman asked
what by doing that and she got big club and hit
the head and then struck her with hand Then she
hit the head again-and very much excited and
angry Then she kept knocking aroundafter got hit
the head the first time then became and don't reme
anything more O. Where this knife during all
this time? A. put it in my tobaccopouch and had it IN
pocket O. Do you recolect of doing anything with that
knife after that time A. don't know whether used the
knife O. What is your next recollection any that
occurred that day. O. couple OF people came and got
hold of me and held O. At the time you upset this
tub and water etc., where these other people? "A They
were inside house O. Nobody but yourself and woman
outside? A. I have forgotten
The defendant attempted to prove ntoxeation but the
entirely the contrary The physician who examined
the the of the homicide also examined the de-
PENDANT and testified decidedly that defendant perfectly
sober and he is fully corroborated by the other witnesses
The charged the jury fully to the law OF murder IN
second degrees and also to the degrees OF man
slaughter and assault and battery also full instructions were
given the deliberate premedtaed malice aorethough
extreme aroei, and extreme cruelty necessary to convict OF
murder in the first degree The court left it to the jury to
find the degree under the facts they might lind
them objection exception made or taken to the
charge
The defendants counsel has ability and earnestnes
ared that the crime was not murder first degree the
evidence did claiming that there sufficient
in the case the defendants acts done III the
heat excitement the spur of the moment and that the
ntoxieation of defendant took the degree Also
that prosecution prove that there deliberate pre-
medated malice aoretough beyond reasonable doubt ane
degrees.
We are satisfied that the jury entirely disbeeved the de
PENDANT as to reasons and of the homicide w
already defendant did not sustain hl