The Hawaiian gazette., 1898-02-04
THEY MUST HANG
Exceptions of Kapea and
Kaio Overruled.
Supreme Court Decided Yesterday
That the Law Must Take
Its Course.

The lazt hope Of Kapea and Raio.
who were convicted, the one Of nur-
de-ing D.. J. X Smith Of Kauai, and
The Other o. having been accessory be-
fore the fac vas taken from them
yesterday. when The Supreme Court
handed down unanimous decision.
oYerruling the exceptions taken by
The counsel for The condemned men 10
the decision O. Judge Perry.
The opinion Is lengthy and dis
cusses II detail each point made by the
defense il the exceptions. Numerous
cases are cited 70 subst2ntiate the
opinion Al lis conclusion the Court
states: On 2 careful examination Ct
al The evidence and papers in the
case va IND The defendants had >
tai- -iaI and every reasonable op-
po-runi-y afforded them fo- their de-
tense and The law which has been
Violated must take lis course
The Court makes ten points in It's
decision as follows. covering al the
points Of The exception:
/ Special terms Of the Circuit Court
when called il pursuance Of and ii
accordance with the statute. have iuT-
is5ic-[CC 10 -ry ali Indictments pre-
scented. whether presented a. prsvi-
Gus regular term or not and though
the accused had been committed 10 be
rie6 q : term subsequent 70 the
special term. District magistrates
should commit accused for trial al the
next te-m" OF the Circuit Court and
not designate the date OF The term
? An Indictment for murder in the
first degree describing the offense Is
not fatally defective because IN its
conclusion II does not name The de-
ceased
5. Where has been tried by an in
partial jury. the disallowance OF 3
juror for z cause OF questionable
suf7ciency : not ground for reversal:
nor when 2 juror once accepted Is
thereafter challenged pe-smptOTily:
nor when once accepted he is recalled
20 answer questions suggested either
By The juror himself or from the eX
animation OF other Jurors, and is there
fore challenged peremptorily or ex-
Guided by the Court, provided the jury
is not sworn and no evidence has
been taken.
: Il Is not reversible error for the
Court 10 decline 10 order the Marshal
70 allow counsel for defense 70 have q
private interview with certain witness
e for The prosecution who are in Gus
tody Of the Marshal held under a stat
utory commitment
:. Questions on the redirect may be
allowed in the discretion Of the Court
10 enable the witness 10 make his
meaning clear, though not directly
connected with any matter brought out
On the cross-examinaIion, the witness
having admitted that he had told soma
untruths in his previous testimony.
6. Where evidence has been intro
duced on behalf Of defense without
objection and undisputed by the prose
cution showing the commission Of lar
ceny by 2 witness for the prosecution
OF the goods OF one Of the family OF
defendants and the demand OF e
certain sum Of money 10 stop prOsecu-
ton was paid By the said witness, il is
harmless error 10 forbid further evil
dence on the facts OF the larceny, there
being no express proof OF Ill will or
bias on the part OF the witness towards
OF against the owner Of the goods
stolen.
:. Admissions Of a defendant that
he opposed and forbade the commits
sion OF murder is admissible as evil
dence OF his knowledge Of the inten-
ton 10 commit the murder.
s On the trial OF q person for the
ofense OF murder in the first degree,
where there is no evidence upon
which the jury can find the defendant
guilty Of an offense Of a lesser degree
than the one charged. it is not error
20 charge the jury that If they be-
lieyed the evidence Of the prosecution
they should find the defendant guilty
Of murder in the first degree or not
guilty # they disbelieved the evidence
g. By statute questions Of law are
for the Court and the instructions OF
the Court in relation 70 the law are
binding on the jury
10. The statute requires that in &
capital case al least IS hours shall in
tervene between a verdict Of guilty
and the sentence. The term of tbs
Court would expire by Limitation with
IN IS hours after verdict. Held, it was
not error 10 postpone the rendition Of
sentence 70 the next term Of the Court