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

SUBMITTED FEBRUARY l. 1895 FEBRUARY IS, 1898
JUpD, Gu, FREAR WHITING, JJ.
% On the court it is not error
for the in allow the sheriff and deputy
sheriff to remain official business al
though they expected called witnesses to some facts
by after the crime had been accomplished
ca Where two killed by the person
the circumstances was COM
petent killing of part of the res
gae although charged in the ind-
go the of killing the
weapon surround
ing the homicide may not afford presumption of
murder additional of elaboration pemedaion
establish higher degree
of guilt murder in the second degree
() The charged that delib-
formed before
the upon crime committed executed
intention formed if such deliberate preed
formed murder murder in the
first degree while presumpon of malice are necessarily pre-
sumptons malicious killing is murder they
not prescriptions such
justify degree only uness the
facts circumstances
killing with it show that the kill
ing malice with
Deliberate pemedaed malice or else
extreme atrocy cruelty the evidence in
a verdict of murder in the first degree
Held that the charge fairly
Co There was evidence
the was deliberate
with arocy cruelty
indictment merely describe the same
different it not error for
prosecution elect which
they will proceed
OPINION OF THE COURT BY JUDD, c.
The defendant was the Circuit Court Second
Circuit murder in the first degree On the
that he unable to employ counse the court appointed
Charles Creighton, ESQ.,, to defend him.
The case for the prosecution follows The defendant
Japanese wife of the nationality named Otsru or
Octuro and child about three years old This family mao
moved to Waikiki from Spreckesve where defendant had
been employed Saturday, the Oath of July last Osuru
left their home with child and went her husband the
defendant says oenby to have tooth pulled De1endant
towards night his returning went search OF her,
first to the and then Mashdas house IN Waapu
and on being told that she not there but was at house
nearby which Keota lived he returned to MS and
early Sunday morning appeared at the door OF mouse
which Keoa and Arak Japanese and Otsuru ana her
child all sitting about small table drinking coffee Defendant
said "Cood morning" Keoa replied and asked him to JOIN
them The child seeing father called papa papa and
ran to defendant who took her in his and called his
wife outside and went out carrying the child she FOL
lowing In few moments Keota and Ara still IN the
house. heard the parties door talking followed by loud
scream from They rushed out and saw the de-
PENDANT standing his PROSTATE wife, stabbng her repeat
edly with a long knife She covered with blood AS
eota and tried interfere defendant our1shed ms
knife and they back few yards keota ON COM
ing up again the parties found the child with s throat CUT
and both the woman and the child dead Defendant mmedl
atev cut his throat and when the neghbors and ocer
came running defendant lying on the ground
nsensbe then off to telephone for the ofcers
altogether and did until the crowd
came p Defendant taken to the hospital and his wounds
were sewed tissues of the womans neck
petey severed the back muscles She had several other
deem wounds one armpit the abdomen,
the back both her hands nearly cut Off The chd
head was severed from its body only shred OF SKIN retaining
it. The knife used japanese knife with very sharp
blade inches long, from not made Tor
domestic use weapon of ofense defense wooden
sheath which this knife carried found on
person thrust his at his side and held by SASH
The knife taken from defendant after struggle by ma
tive lived nearby and the seeing the Japanese
running away There evidence that on that Saturday
night had asked japanese friend and sell his
wife and that he said she had and he trying