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

and as he replacing his uspenders his
shoulders Kapea jumped the yerandah, being about three
and shot him the breast As the doctor
fell backwards uteng cry Kapea and osepa mounted their
horses and rode off rapidly, riding first away from the dec
ton of their home and finally by round about
reached Paupaus house The road they took twice
long the direct and usual road They then unadded their
horses and hid their pistols by Johnny testified that
Raped on his and Iosepas return to Paupau house.
these him and Kaio, Boosting that This pistol had
Toasted and his anger appeased They all then
found sleeping places Paupaus house Not long after this
aud before they had got Sleep police officers there
who asked all the inmates of the house asleep Then
they into the house and told the inmates the that
Dr. Smith shot and dead which they made ordinations
indicating surprise and Very early next morning Ia
pea and Iosepa hid their pistols and Kaio Upapa
and Kapea up the doctors in order the body and
while there expressed the family their grief the death of
kind friend Upapa seemed especially overcome with grief
and tears Both loepa and Johnny testified that each night
before setting wayly the doctor the family drank
Kaio and Kapea before drinking would muter prayers to
Jehovah and their amaua asking for in their plans
and for protection from discovery On Wednesday night not
finding the doctor the previous nights Kapea and oepa
his fields fire. hoping that the doctor would
the fire quenched and his way home through
fields they determined that the that met him should shoot
him The fire put out by the doctors men without his
being obliged to leave the house.
The jury believed the testimony and found Kapea guilty of
murder in the first degree Kao who had made discriminating
admissions in addition the direct testimony against him that
he nsgaed and helped plan the murder the found guilty
accessory before the fact which by the subjected
him to the punishment Kapea Upapa found guilty
OF being accessory after the fact Raburn acquitted
We do consider it essential further into the details
of the evidence which cooborate the testimony OF the
cpal We find that the evidence well the
verdict and accordingly overrue the exception made the
verdict contrary law and evidence Seldom
has there occurred in these Islands homicide in which the
proofs show with great cearness that the killing with
deliberate, premedtaed malice aforethought.
The defendants were the 30h September 1891 charged
with this crime before the District Magistrate of Koloa, Kauai
and waving examination committed for trial the March
term following of the Circuit Court Fifth Circuit Deeming it
the promotion of justice the Circuit Judge of the
Fifth Circuit with the written approval of the Chief Justice OF
the Supreme Court who concurred in the view of the Circuit
Judge ordered convened special term of that Court to be
9th of November 1897 This is authorized by statute,
Civil Laws, p cd of 1890 On the 10th of November be-
fore the Circuit Court of the Fifth Circuit indictment
sened against the defendants who by counsel objected O to
the jurisdiction of the Court try them at that special term,
ground that defendants committed to be tried at the
March 1898, and that special terms can be called only
when there accumulation of business left unfinished at the
previous This contention unsound Discretion is vest
the Circuit Judge the Chief Justice approving whenever
they Essential the promotion of JUSTICE to order
special Their discretion be inquired nto unless
abused Moreover the committing magistrate should have fol
lowed the penal Laws p 226 and committed the de-
PENDANTS he Circuit Court of the Fifth Judicial Circuit
mentioning the term The mitmus reads that way The
special term having called the duty of the Attorney
General arragn the defendants at that term because it
qured by the penal Laws PIP 227S) that 1.-The
entaon of Indictment against accused shall not be de
eed beyond the of the Court having jurisdiction of the
alleged succeeding the commitment of the accused
by magistrate having competent jurisdiction THEREFOR and
failure to this would operate acquittal
special ordered in compliance with the statute has all the
jurisdiction and that at regular terms NO statute
precednts cited the contrary In favor OF position
are People Carobi IA Cal 439; State Moran, Iowa,
236 See King a. Lee FOok Haw 249. We overrue this
exception we'll exception made upon motion to quash
the Indictment the grounds, the Circuit Court First
Circuit which the had been removed motion OF de
PENDANTS the change being opposed by the
ton In the Circuit Court First Circuit the defendants atts
regular session. being aagned the 18th November demur
red exception 81 the Indictment claiming that both counts
charging Kapea defective The second count Is fol-
lows:
and the Attorney General aforesaid upon his official oath
aforesaid further say and present that the SAID kap
Hawaiian by BIRTH of koloa Island OF Kauai Hawaan
Islands at Kooa in the Island of Kauai and within the ur
dcon of this Honorable Court the twenty day OF
September in the year of Lord One Thousand Eight Hun
bred and Nineyeven with force and arms IN and upon one
Jared Smith feoniousy wlfuy and OF his deliberate pre-
meated malice aforethougt and without authority Juslca
ton or extenuation by law did make assault with certain
charged with unpowder and leaden bull
10 do then and there felon