The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-08

3 premises, but felt it his duty to pre-
= sent the matter as he had given it.
. Mr.. Robertson said that as attorney
for the defendants in the case, he
would not vote upon the petition OF
KaiO but would ask leave to speak up
on the matter The fact was that the
motive for the crime attached itself
| readily, at once and clearly to Kapea.
There is a marked distinction between
! the offending of Kapea on the one part
and KaiO and Upapa on the other.
KaiO had always borne am excellent
reputation and it appeared on close eX-
| animation that, as the President had
said, K3pea was the leader throughout
and KaiO an unwilling accomplice.
Throwing leniency to the father viii
not evidence palliation of the crime
Mr. Robertson thought the Kauai peo-
| pie had toe much local feeling in the
| case-Were prejudiced. In all inter
| course, Mr.. Robertson had not noticed
a trace of bad temper in KaiO and had
| found him an honest man in all things.
! Mr.. Brown said the taking of a hu
man life by the law was an extremely
| serious matter. The Council is called
| upon to decide if two lives shall be
| given for one. The sympathy OF all
| the members no doubt goes out to
| Kaio Mr. Brown had thought until
| Mr.. Dole had spoken, that KaiO was
at the head and front of the awful Of
Tending. The President had gone over |
the evidence some time after it had |
been given and his impression, under |
these circumstances was certainly most |
weighty. Upapa seemed as guilty in the |
crime commission as Kaio. 1t is diff
cult to dispose of this petition and the
matter should be most carefully con-
sidered. Mr.. Brown said he had been
Influenced by the report of the Presi
dent.
Mr.. Wilder said this was the most
important case the Council had ever
been called upon to consider. Perhaps
the law called for the life of the man
Kaio, but for himself he believed that
the taking of one life would serve the
ends of justice
Mr.. Wilder moved to recommend
Communication to life sentence for Kaio.
Mr.. Kane found wide difference be-
tween the two cases. He did not be-
lieve Kaio equally guilty with Kapea
and was in favor of the petition for
leniency.
Minister Damon said that in this
on trial. In grave affairs in the past
the authorities of the Republic have
so proceeded as to win the confidence
and support of all the people. This !
seemed an opportunity to temper JUS
tice with mercy. KaiO was not SO deep ,
in the crime as his son. What effect E
would the hanging of the two men
have on our society. In the opinion of +
the Minister mercy should be extended +
to KaiO on the facts and for the reason 7
that Justice would be yindicated E
MIR. Kennedy was opposed to an off +
hand vote. He did not believe any :
reasons excepting those that could be C
drawn from considerations of Justice Y
and the law should enter into thought @
oD the case. y
Mr.. Dole suggested that a committee f
De appointed to report on Saturday. O
Mr.. Jones quite agreed with Mr.. s
Mr.. Jones did not relish the G.
position OF being compelled to vote s.
IN mans life. In this instance he did
lot calculate on the degrees of guilt b
# any Of the other men. There should Ia
'e put III the balance only the question o.
II guilt or innocence under the law. cf
'he speaker wished to do only his duty u
nd wanted to look into the case for
limself II
Mr. Brown agreed with Messrs. Jones
nd Kennedy that it would be well to 81
ave further time. ia
Mr.. Phillips could discern no good ra
r sound cause for delay The case 81
lad been placed before the Council te
ully and fairly. Mr.. Phillips gave
ather eloquently and in detail his 10
reed of antagnOism to capital punish
nent. Here is chance to save life ze
Ir. Phillips said he was able to at once I'll
Ote advisedly and cOnscientiOusly on to
he petition. Laying aside my ideas IN
n capital punishment" said Mr.. Phil Il
ps, i find this man is but an acces- b,
ory and We should see that it is pre- h;
isely in our province to interfere in a e
ase of this kind NJ
Mr.. Phillips seconded the motion Of ca
1r. Wilder. re
Mr.. Wilder did not see how postpone pl
lent in any way would influence or eff rc
7ct the mind of anyone. We
Mr.. Kane also seconded the motion
Only five members voted-aI in the
firmative z.
Mr.. Dole called for a full vote A.
Mr.. Winston moved for postpone J.
lent TO Saturday at 2 p. m. Seconded J.
Y Mr.. Brown. Carried by a vote of NJ
tx to four.
The President named Messrs Jones, F.
-a-ne and Winston as members of the NJ
Ommittee lot
Adjourned to 2 p. n. Saturday.
F.
LATEST PARTISAN STYLES. J.