The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-07
A TRIAL CHARGE
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low CCuntrymen in great bodily peril
Of life Or limb from an adjustable at
taCk On the part of the Chinese. and if
the defendants used no more force
taan was reasonably necessary TO save
the lives or limbs or body health OF
their fellow cOuntrymen, in peril as
aforesaid. ana. il the defendants did
not aid, incite. cOuntenance or encOuT-
age others in using more force than
was necessary to save the lives or
limbs or bodily health of their fellow
countrymen from an unjustifiable at
tack seriously endangering life or limb,
seriously endangering life or limb,
then, if you find that such were the
facts, you must find the defendants not
guilty.
If you believe from the evidence that
in such last mentioned case, i. e., go
ing to the rescue of their fellow coun-
trymen while the latter were in great
bodily peril of life or limb, the DEFEND
ants, or some of them, used, or aided,
melted, countenanced or encouraged
the use of more force than was reason
ably necessary to save their country
men, and that the death of Chew
FOOn Wing resulted from such force
so used, but you also believe that such
excess of force was used, or aid or en-
enlargement thereto given, while such
defendants were in the heat of passion
caused by the attack on their country
men, and was not used with malice
afOrethOught, then such heat of pas
sion was caused by adequate provOca-
ton and you must find such defend
ants so using or encouraging an eX-
cess of force guilty of manslaughter,
and fix the degree in accordance with
your estimate of the facts proven.
If you believe from the evidence that
prior to the assault on Chew FOOn
Wing there was no conspiracy to-
which any of the defendants were par
ties to kill or infiict grievous bodily
harm upon Chew FOon Wing in parti
cular or the Chinese 'abOrers of which
he was one as a class and that de-
PENDANTS or some of them on hearing
calls for help from some of their cOun
trymen ran to their assistance towards
the Chinese camp, but that, on the way,
they met all of their said countrymen
who had been assaulted, escaping at a
safe distance and beyond all danger of
life or limb from any attack by the
Chinese, and none of their cOuntrymen
in peril and that, in the heat of pas
sion caused by the thought of the re-
defendants at once attacked the Chi
nese, or aided or encouraged such at
tack, without deliberation or preme-
Citation, and that Chew FoOn Wing
was killed in such attack, then such
heat of passion was caused by made
quate provocation and you must find
such of the defendants as thus parti-
cipated in, or aided, melted or encour
aged or cOuntenanced the killing of
Chew Foon Wing, guilty of murder in
the second degree.
But. in this last mentioned case, /.
e., running to the rescue in response
to cries for help, and meeting their
fugitive cOuntrymen entirely out OF
danger. such an occurrence was uSei
by defendants or any of them, solely
as preteXt for Wreaking their Veng-
ence upon the Chinese, and If sucn
defendants did thereupOn, with deli
berate premeditated malice afore-
thought, or with extreme atrocity or
with extreme cruelty, assault and kill
Chew Foon Wing, or if being present,
they aided, melted, encouraged or
countenanced such killing with deli
berate, premeditated malice afore-
thought, or with extreme atrocity, or
with extreme cruelty, then you must
find such defendants guilty of murder
in the first degree.
And so, also, if you believe from the
evidence that, prior to the assault on
Chew FOOn Wing, which resulted in
his death, a conspiracy was formed to
which the defendants or one or more
of them were parties, having for its
object an attack upon the Chinese at
their camp, Of which body Chew Foon
Wing was one, and the doing of griev-
Gus bodily harm to Chew Foon Wing in
particular or to the Chinese in such
camp in general or the killing of one
or more of them, and that, in pur-
suance of such conspiracy, such attack
was made, and that Chew Foon Wing
was killed by one or more of the mem
bers of such conspiracy, whether the
defendants themselves or others, dur
ing such attack, and that the members
| of such conspiracy acted. and the as
sault was made with deliberate pre-
meditated malice afOrethOught, and
without authority, justification or eX-
| tenuation by law, then you mus find
| all of such defendants who so entered
| into such conspiracy and who continu-
| ed in it until the killing. guilty OF
| murder in the first degree. whether
| they were actually present at the kill
| ing of Chew Foon Wing or not.
| Again, even if you find that there
| was no conspiracy prior to the assault
| on Chew Foon Wing which resulted III
| his DEATH still, if you believe from the
| evidence that some one or more OF the
defendants with deliberate, premedl'
| tated malice aforethought or WIZ
malice aforethought and with extreme
| atrocity or cruelty, and Wlthou
| authority. justification or eNtenuatlor
in law. committed the killing OF CheN
Foon Wing, or participated therein, OF
| being present. aided, melted, encourag
ed or countenanced one of themselves
j. e. the defendants. or some one othe
than the defendants TO commit Sucl
killing. in such case also YOU must tine
. s1,ch of the defendants as afOresall