The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-07

third. Our statute provides
Whoever Is guilty OF mauslauEbte-
in the first degree shall De- punished
by imprisonment ~ hard labor fer %
,eIm % years No; less than ten. up
more than twenty. In the discretion ~ .
the Court.
''Whcevsr IS guilty. OF uaCs,auEl .rr F.
in the second degree shall bs punished F.
by !mpris0nmen- a. hari labor. nos
more than ten years or less thnu fv"
years.
''WEoever j. guilty. 90 uau..aUGht.r.
in the third degT.- E.E he punished
Oy imprisonment "a had itbor net
more than FIVE years. OF .r .iu- nos
more than one thousand -l..sss..: 'he
discretion OF the Court"
Under an Indictment for mI-l. n
| the first degree. such as IL .h's c. 4.
/ verdict may he returned either 20 81. .--.
/ der in the first degree 90 Gs murder in I
! he second degree. or OF mllsl1uEhtsr
in any OF the three degrees. according
| - the fac;s proved VIII warrant. md
in accordance with the !us;Tu sion as
20 the law which are given rg .Ig.
/ Court.
The difference between murder and
manSiaughter is tina; ;he one has iu g..
I the cement Of malice afo.st1cGrlt -gG
mitted under the influence o. pass n
} or in the hea. OF blood produced b- an
adequate or reasonable pgovocs .ls. e.
m1nslaug5ter and not murder.
II one sees another being @.-r. IS
assaulted and goes 20 his rescue. 5s
may use such force Is nay he reason
= ably necessary 20 put N end - The
4 assault and protect the assaulted Ear-
= son. but no more. and Il. while a. -
[ reasonably acting in defending ire
4 other. heat of passion : rrcduzsi u
n him by the conflict and IN such heat 81
passion. and without maize. h- ttls
i the assai,ant. such heat 20 passion y
: caused by adequate pT0vJr-ti11 s-j
. the killing ~ IInsiauEa .-- .l8 70.
[ murder.
:. On the other hand. If one. in reIu'zg
r To the rescue OF another - response @
= cries Of help, meets such other already
escaping at a safe distance and fsF,
: from danger. yet. in the heat Of u:s
Y sion caused by thought OF The Iscs III
assault on the one escaping. e U1e,
: attacks the aSs1ilant o. sUcE CttH-
without deliberatenesS o. win '~t IRE
u meditation. and death sls1ss So.
heat OF passion i cJussi ny iu 10
quate provoca;joH. and che 1rsns' 8
- murder IN the s@cONO ue-s-F ..
i manSlaughter.
4. But If the ds;e. animation -l aI[ e..
'r inilic- serious bodily !njuv. q .1rl.
e. deliberately and without T!sIDs'ii q
le ton. thsn. even Il heat % Hrssi7g
E engendereu while In d. .Ea...- d
| " the design and the siEl-
$ while in such heat 81 ,- .
y tnat cannot avail - r-i- -s
G. osfenSe TO either mans.JusH;s-s u .
r. der in the second degree. aCc g." t.
a Tense IS nevertheless Tu-3-- r1
T. first degree.
tn There are cwo matters w1ir. 81 az
IS case have been proved ~ uc-;srv..
ne evidence. and those ! charge you ga
r. YOU must find as facts. They are tu--z
o. first. that Chew Foon Wins. q Chimes
Of died at Kahuku. on this Island on SIT
day. the 18th OF March last, and. --rol
~ that his death was caused uy Tlui. p.
he dealt him or the afternoon Of inst g..
e. by ,Sue OF more other usrs5ys. "
AT the person w1s. or who the !srs'1
Is wers. who daalc such vioi=-cs ur-u "a
be deceased. or what weapon or n=Irt-
50 If any. were used in the Ts--F!'.
IL VIVA, the circumstances Yer. uU.-
a which the assault Were committed
e all this leave 10 YOU 10 ts.sr-r' ~ Hl
on the evidence.
We Before proceeding further ] ola
It's make statement 70 yJ1 @: what -
ed law is on the subject OF principal "a
er accessories before the fact.
re All VINO take part in he comm ..-
Nv OF any offense. or being present, a.
tie lncits coun.enancs or encourage Cirs
on in the commission Thereof. are pri1s
ie- pals therein. even though they may =
he have previously consPirad - rr'Eg
nd about. The mere presence % q per
OF az the conmiss.cl .: IN on hC'
"a ever much lie may synTs:A'zs vi
"a the perpetrators - such orfe1>s, 1r 2
mere failure 20 interfere aal s2I=7N
OF 10 prevent ij= en- Miss On. - no. SUI
w cient TO constitute him 4 qrincipa
there mus; he something shown IN :
ele conduct which Enthusiastically sNincss
lie, design 10 encourage. inciis, approve.
as in some o:hsr manner AFFORD aii
the consent TO the act.
ra! Any person who. not lin=AI lei
Is present n the commission o an
ma tense. a5et- another in tA- tOn' ~
be sion thereof or proCureS. counssis.
eed cites c. commands an1ths- - CON-
be the same. which such other ;h=--r'
ION in pursuance thereof. commits. D.
IN accessory before sEs fac. e. '
IT mission C.. sash JI Ciiel-y.
III The mere kaow.stca IN. .sI.-
of ,,,sr. - "a. "a. -r,.. [, .a-s-- -- i.
!. sc-s intend . c-E-. SD i.--H.
. OF even ;hs bare uagn:ss;a. .r r.I-1t.
CT offense. is no, enough ~ Itself % IU-
the person who possesses such 81
sol ledge o. w:o gives sJ-l remission.
for accessory before -aa fact. = is nee
act sary ;hst he sl-g.i sly or 30 SOC
in thing afi.wa.iys!y 90 saee-cas"
leat commission. 81; II one assists IT,
dice formation Of q D,an % all cll.4sr
way. 10 commit such "a assault uqga
the that from It the death %. such ot
pur- would result. - natural ana plan
INIT ,,-,l,,l,r. .rr,-sor,sucs NJ - being