The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-29

Chew Foon Wing or if being present t,cv ilJ i;,J
couraGed or eounenarced such killing with deliberate prcined
ated malice aforethoug with extreme aocitv or with ok
IRENE cruelty then You must find such defendants guilty of muir
der III the first degree
And Also If believe the evidence that nrr IN ,
assault on Chew Foon Wing which resulted in his death CON
spracy formed which the defendants or ono or moro f
them parties having It's object attack uon the Chin
their camp of which body Chew Wing was one and
the doing of grevou bodily harm Chew Wing in par
cular or to the Chinese in such camp general killing
OF of them and that pursuance such conspiracy
such attack made and that Chew Wing was killed y
of the members of conspiracy whether defend
ants themselves Others during such attack and that
bers OF such conspiracy acted and that the assault made with
deliberate, prenedated malice aforethought and without
authority justification exenuaton by law then YOU find
all OF such defendants who entered such conspiracy and
who continued in until the killing guilty of murder in the
first degree whether they actually present the killing of
Chew Foon Wing not
Again, YOU find there conspiracy PRIOR 70 The
assault on Chew Foou Wing, which resulted in his DEATH STILL
You believe from the evidence that more the
defendants with deliberate premedated malice afoehought
with malice atorehough and with atrocy cruel
y and without authority, justification extenuation by law
committed the killing of Chew Foon Wing participated there
being present aided melted encouraged
such killing rather aided melted countenanced
aged of themselves that is the defendants other
than the defendants to commit such killing in such also
you must find such of the defendants aforesaid guilty of
der in the first degree
We also call those parts of the charge which
read follows
A who take part in the commission of otfene being
present. aid nce encourage ohersn the
mission thereof principals therein though they
not have previously conspred to bring it about
"Any person who himself being present the commits
sion of oense abes another in the commission thereof
nce another commit the which such other theeupon
in pursuance thereof commits before the fact
And'as to conspiracy:
1T makes difference the degree of responsibility resting
those conpirng do unlawful that
present the of the design the conspiracy
Where persons combine stand by one another in breach of
the peace with general resolution resist all opposer and
the execution of their design, murder is committed though
the time of the of them such distance
of view if the murder be in fuherance of the de
sign
In order defendants either them of muir
der in the first degree you be satisfied beyond reasonable
doubt that the defendants such of them you may convict
gave Chew Foon Wing the fatal blow blows either actually
construcve that they parties to design
having for its object the killing Of Chc,C Foam Wing the
Chinese there IN general the infcton upon him them of
great bodily harm not being however show malice
against Chew Foon Wing in particular if it is shown have
existed against the Chinese in general"
at Is necessary, in order constitute murder in the first
degree that the defendants any of them should have
struck fatal blow touched Chew Foon Wing have
attempted touch him. If the evidence shows beyond
able doubt that Chew Foon Wing fact murdered with
deliberate premedated malice aforehought directed either
against him individually against the Chinese camp the
members of that camp of which he member he
in fact murdered with extreme arocy extreme cruelty and
that the defendants of them present. and aided IN
cited encouraged others in the commission of the
murder then you must find such defendants guilty of murder in
the first degree" r
The case against the defendants and Oki is not
parallel with the of Republic Kapo, II Haw $685. in
which testimony reduce the oense below the
grade murder That the sole point issue that
but the present there evidence showing that Yamane
Oaki present the killing of Chew Foon Wing, al
though may be uncertain who struck the fatal blow and
consider what influenced the to reduce the
ofense from of murder the crime of manaughter
independently there evidence which they well
might guilty of manaughter AS said by the
the of Stevenson IT, 81 1872 Z. s. page 313
evidence of manslaugher hou-h
evidence that murder and mansaughter the
&c
the evidence for the and not matter of law for the
decision of the court Cited in Republic Kaped, IL Ilaw
293.
1t may be that the jury considered that Ihara influenced
premedtted malice aforethought and that Yamane and
Oai simply moved by the excitement in carrying
pacy which did result in the death of Chew Foon Wing such
conspiracy amounting conspiracy murder but
- ilo