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

nothing and that the facts proved do warrant verdict of
manslaughter.
With regard the arguments aributing verdict to pre-
udice the part the jury in the absence
ing that effect be inferred that the jury
by such motives but the other hand the strong presumption
that the jury arriving their decision weighed the
dence before them and followed the the court
We do not feel called attempt reconcile the evidence
IN this any but simply whether there
evidence sufficient Justify the jury in finding they did
We not to retry the ourselves should although
the evidence may not be satisfactory would wish
establish the guilt of Ihaa first degree that
disturb the verdict of the jury whose province
weigh the evidence and who presumably did SO.
The weight of the evidence and It's convincing effect for
the jury and for the In criminal the effect which
the evidence shall have tending establish the guilt of the
accused for the jury If they find insufficient establish
guilt there power the aside their verdict
though the trial judge might be convinced that the verdict
against only the weight of the evidence but against all of the
evidence On the other hand if there be evidence which fairly
tends the guilt of the defendant and the jury find the
guilt the court cannot properly set aside such verdict because he
may entertain doubts its sfcency establish such guilt
Williams q. State 81 Wis. $50.
while might conclusive evidence relieve
minds from all doubt passing Jurors upon yet
unable that of character which sufficiently
authorized the nry to conclude beyond reasonable doubt that
the defendant guilty the province of the jury deter
mine the weight of the evidence, and to whether su
which viii justify the conclusion that this duty not fairly and
legally performed.' State o. Poison, 20 Iowa 1871.
The evidence against these three defendants of such
that find it impossible to disturb the verdict
As regards hara Itappears in evidence that Immediately be-
fore the uproa started the Chinese camp he of the
for the prosecution Kea and Kaka the Jap
camp place $50 yards distant from the Chinese
camp where the riot and killing took place Immediately after
this meeting noise of trouble heard presumably the shout
ing of Fugimoo and his companions for help. hara then
armed with knife and stated to these witnesses that ne
bound for the fight armed and had fear At the time Ct
running up and down through the
japanese camp shouting in excited Between the
place Ihaa Kesa and Kamaka and the place where
the Chinese Chew Foon Wing killed. Ihara met and nict
wounds first considered mortal Chinaman named
Au Cheong, who however, subsequently recovered He
identified hara his assalan and also testified that other Jap
with Ihara armed with pieces of wood Chew room
Wing killed short distance from where Au Man Cheong
was stabbed Two witnesses Ceong Shay Pc and Tom Fook
Sheu saw made Chew Foon Wing which resulted
in his DEATH they identified Ihra the who struck him
with club piece of wood telling him to the ground They
testified that Yamane present and assaulted him with
knife and cut off queue that Oak also there and had
a Ratchet.
appears that subsequent the assault Chew Foon
Wing stabbed Cnaman zee Fook Sing giving him
blow which fatal but there also evidence that the skull
of Yee Sing crushed in by another fatal blow
from hammer his death resulted from either both wounds
testimony of other assaults committed by Iara during
row. evidence that he admitted Costa that
he was IN the fight that he had off the queues of five
Chinese.
These facts certainly tend prove that Iara acted with de-
hberate, premeditated malice.
addition their connection with the assault Chew Foon
Wing there evidence that Ok seen, during the fight
running with knife in his hand covered with blood and
attempting off queue and there evidence also
of other of participation on his part.
also identified by witnesses having
been other Cinnamon notably Lee
Ling Cheong, with knife and there also evidence that he
present the Hop Hung Camp around which the riot centeed
armed and taking prominent position
There is abundant evidence tending show that the attack by
the japanese upon the Chinese preconcerted According
the testimony of Ka and Kamaka during their conversation
with Ihar before the trouble started japanese the number of