The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-02-11
DECEMBER TERM, 1897.

EXCEPTIONS FROM CIRCUIT CoURr, FIRST CIRCUIT.
SUBMITTED JANUARY H. 1898 DECIDED FEBRUARY s.
JUDI Co. FREAR AND WmrrNe j.
Special of the Circuit Court when called
and in accordance with the jurisdiction all in
or not and the been to at
em fo rs the n term Tag 6on
and not designate the date of the term.
r Of nan not
perempoy when recalled awer
chaensed perempter
Guided by the court provided the
court to decline to ordes
with certain witnesses the
@ the fs sees be low
x w Amy matter out the
a s ''e na' 0a some
out objection and undsputed by the
ns m the
mon eor stop TO pS was pa by the said
@ he wndIa oO 1pe o I'LL will bias the
1snis.lon of defendant that ne opposed and forbade
mission OF murder is admissible evidence his
on ht e a o naon the f murder tns
eg see ~ene e no upon which the find
charged it is not charge jury they
murder in the first disDeeved
BY stane questions of law are for the o and m
OF the court in relation the law binding
at gs So p na that in capital
guilty and the sentence The the expire by
postpone rendition of sentence the nz term n no
OPINION OF THE COURT JUDD c. j.
One of the exceptions in this to the refusal of the
Circuit Court First Circuit Judge Perry presiding to grant
motion for new trial made the ground that the verdict
contrary law and the evidence and weight of evidence
We therefore review the facts claimed have been proven by
the prosecution in order dispose of this exception and to
clear understanding of the case.
The of the prosecution is that Friday the oath of
September 1897 at about 10 o'clock in the evening Doctor
Jared h Smith, while writing in his office in his residence at
hooa Kauai was called to the office door by knock and
asking IN the Hawaiian language Who that received only
an lnarlcuae reply from standing below the
veandah lhe doctor then the double blind door, open
eel onehaf of it. and just he had stepped the verana
received pistol shot his breast person standing there
Uttering indicating pain he fell back and few
seconds dead The bullet passed through both lungs and the
heart The assaian then mounted his horse and rode off
rapidly The above rected facts well established and
uncontradcted AT first the officers and the community
completely in the dark who could have perpetraed this
assassination Dr. Smiths character kind and benevo-
lent physician and friend to all and especially native Hawai-
ans, made incredible that any and especially an
Hawaiian could do this deed Later suspicion rested upon
family living the miles away, because Dr.
Smith his official capacity local physician and agent of the
Board of Health had about fortnight previous notified
named Paupau and her daughter named Pua of the
said family that they must report themselves the Board of
Health at Honolulu there to be examined and treated and
decided that they had lepoy of which DR. Smith
hem that they would be sent the Leper Settle
ment Molokai The time of their going hand
The family spoken of consisted of the Paupau Kaio
haawaiian with whom she living Pua the daughter of
Paupau about twelve years Old Kapea of Kao, about
twenty years DID, osepa Kaahea aged about nineteen and his
brother Johnny Kaahe aged about sixteen nephews of Kao
These last three living the premises owned by Paupau,
though generally sleeping separate house and
ployed from time time by Kaio helping him do
jobs of blowing cattle driving On the night of the
der all these persons slept the main house with Paupau and
Kao Besides them there slept there two little children of
Paupau also Upapa, middle aged Hawaiian and
part Hawaiian George Rathbum and named Ainoa
with whom he living. When the authorities from Homo
lulu arrived Kooa searching examinations of all these par
ties except the little children, had, and, at first ncrim-
mating facts light but little by little, inconsistent
and partial admissions fell from of them and finally
both Ioepa and Johnny Kaahea made full disclosures and