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


together is so concise. logical and in ]
teresting that the whole of it is given !
herewith:
REPUBLIC V. YAMANE MENCHIROi
AND FOUR OTHERS.
MURDER IN THE FIRST DEGREE.
The charge against these defendants.
as stated in two of the counts of the
indictment, is that they did. at Kahu-
ku, on this Island on the 26th day of
March last, with deliberate. premedi-
tated malice aforethought, and without
authority, Justification or extenuation
by law, kill and murder one Chew Foon
Wing.
The charge against them. as stated
| in the other two counts of the indict-
ment, is that they did. at the said time
! and place. with malice aforethought
| and with extreme atrocity and cruelty.
| and without authority. justification or
| eXtenuation by law. kill and murder
| said Chew Foon Wing.
| Our statute defines murder as fol-
| lows: Murder is the killing of any
| human being with malice aIoretnoughr.
| without authority. justification or en-
| tenuation by law, and is of two de-
| grees the first and second. which shall
be found by the jury.
| Murder committed with deliberate.
Cremeditated malice aforethought, or
in the commission or attempt to COM
nit any crime punishable with death,
or committed with extreme atrOcity OF
! cruelty. is murder in the first degree
Murder not appearing to be in the
first degree is murder in the second de-
gree.
Malice in respect to the commits
sion of an offense includes no. only
hatred. ill-will and desire of revenge
but cruelty of disposition or temper
and also a motive or desire of doing q
wrong or injury to any person or per
sons. 1t also includes the acting witt
a needless. reckless disregard or sros:
negligence OF the life or lives. the
health or personal safety of another
It also signifies such a state of dispo
sition as shows a heart regardless D
duty and bent on mischief.
Our statute also provides that ever!
| one shall be presumed to intend tn
natural and plainly probable conse
ouencas of his acts. and further ina
when the act Of killing another !
|! | proyed malice aforethought shall ID
presumed. and the burden shall res
upon the party who committed the XIII
ing to show that it did not exist. or
legal justification or eXtenuation there
for.
And SO in this case, if you bsl!ev
y from the evidence that the defendant
or any one or more of them cGnmitte
|. the killing of Chew Foon Wing. elthe
: as principals or as accessories Defol
the fact within the meaning OF the LAY
on the subject as | shall hereafter stat
it to you. then malice aforethought o
i the part of such one or more OF the de
PENDANTS as you find so committed IN
killing is to be presumed by YOU an
the burden is on such one or more
the defendants to show that such ma
lice did not exist, CT legal justified
ton or eXtenuation for the killing.
e "Premeditated" means. thought
=, before hand, any length of time. nov
9 ever short.
. There is premeditated malice whe'
the intention TO unlawfully take II
or to unlawfully commit such an a
sault upon another that from II II
taking of life would result as natur
and plainly probable consequence
deliberately formed in the MIND, al
that determination meditated upon ~
he no appreciable space Of time J.
tween the formation of such intenu'
and the killing They may be as i
. Simultaneous as successive thoughts.
is only necessary that the act OF XII
ing ne nreceded by concurrence
will. deliberation and premeditatioA.
Deliberately means in cool state
:. the blood. tina; is. not in the heat
= | passion.
) The term deliberate does not
= much import an act done after time
<. reflection. as a voluntary act. an
upon motive. purpose and design
contradiction to acts done in the Ne
Of passion. where reason ana enc
for the moment have no power or sw'
>. The law fixes no limit of time. II
Il re.son has actually formed the p'
pose maliciously TO xii! or 10 conn
-lfch an assault upon another that tr'
il the taking OF life would result as
natural and plainly probable con
uuence. and has ds,.berated ana p
medi:ated upon it before he perform
the act. he is guilty CT murder IN
. first degree. however short the u
"a NAV have been between the purp
and the time of its execution.
Murder in the second degree diff
from murder in the first degre, in Il
while the killing is committed "
malice aforethought. the clements
deliberateness and generalization
Ia..ing If the killing i commit
no+ in \ cool state of the blood. but
ba,t of passion which was caused
Inadequate provocation, then the
Tense is murder in the second deg
=; and not murder in the first degree.
Manslaughter consists in the Kill
of a human being without malice af'
thought and without authority. jill