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

IAN tutOuTdS4uS Eltl assault. and also
CT the question OF malice OF lack OF
malice either against Chew FoJn Wing
n particular or the Chinese IN general
A. the same time YOU nus; bear in
mind the instructions which I have 1--
ready given YOU On the subjects oil
principals and accessories and cInsp.-
-aCy: and If the evidence satisfies YOU
beyond a reasonable doubt that tuev or
any Of them participated in a preeOn-
-ercad general attack on the Chinese
camp. or if IL satisfies YOU beyond a.
reasonable doubt that they or any OF
them being present aided. melted.
cCuntenanced and encouraged others
TO make such attack. and that in such
attack Chew Foon Wing. together with
others. was unlawfully killed. then Won
must convict such one or more OF the
defendants OF homicide, that is. OF
murder in the first degree or in the
second degree. or of manslaughter in
the first, second or third degree as the
facts proven may warrant. under my
instructions. Otherwise you must ac-
quit them.
Each defendant stands by himself
and should be convicted of murder in
the first degree. or of murder in the
second degree, or of manslaughter in
the first, second or third degree. or
should be acquitted according to- the
character and conclusiveness of the
evidence against him or the want of
1t, or the evidence in his behalf You
can in the discharge OF your duty find
some OF the defendants guilty of homi-
eide In any degree and others moi
guilty. bearing in mind that the YER
dict must be according to the law as
l give 1t TO YOU and the facts as Won
ma them from the evidence
The law makes you the sole Judges
and exclusive judges of the facts and
1orblds me to comment upon the char
acter. quality. strength. weakness or
credlbility of any evidence in the case
or upon the character. attitude. an
pearance, motive. or reliability of any
witness.
The questions of the existence or
non-eXistence of malice. of the exist
ence or non-eXistence of the heat of
passion. of what the provocation was
for such heat of passion il any. of
the existence or non-eXistence of deli
berateneSS or generalization. of wheth-
Ell or not there was conspiracy, of
what that conspiracy, il any. was. of
what part. if any. the defendants and
each of them took in the disturbance
at Kahuku, and what all the other
facts and circumstances of the case
were,-all of these matters are for you
and you alone to consider and deter
mine upon the evidence a6duced be-
fore you.
Bear in mind that all that you have
heard or read with reference to this
case outside of this court room must
be absolutely disregarded by you, as
also must all improper feelings and
prejudices. il you have any. DE laid
aside. Your verdict must be based
solely upon the evidence produced in
court and upon the law as | have stat
ed it to you.
Of the weight of the evidence ana
of the credibility of the witnesses who
have testified you alone are TO Judge
and in determining these matters you
must consider the character. attitude.
appearance. motive and reliability OF
the witnesses: also their actions and
manner of testifying. and the circum-
stances that attach to and surround
a witness: the consistency or incon-
sistency of their statements, also its
probability or improbability. and the
witness. interest or lack of interest.
The fact that IhaTa did not take the
stand is not TO be taken by you as
being against him; no inference pre-
judicial to him is to be made by YOU
from such failure.
Each and everyone OF these defend
ants is presumed to be innocent until
the contrary is shown. and the burden
is upon the prosecution to prove be-
yond a reasonable doubt that he -
guilty.
If. upon all the evidence viewed in
the light of the instructions | nave
given YOU, you have Il reasonable doubt
as TO the guilt of anyone or more oil
the defendants of any offense charged,
then as TO such defendants your YER
diet will be not guilty. II you nave
reasonable doubt of the guilt OF anyone
or more of the defendants OF a higher
degree of an offense, but. nave no
such reasonable doubt of his guilt OF
the next lower degree of the onenSc.
then YOU must find him guilty only nj
such lower degree.
Now. the doubt | have spoken oi
must not be merely chimerical or con-
| iectural. 1t must be reasonable. and II
must arise from a candid and Impair
| tial Investigation of all of the evidence
| in the case. In order to justify an aC-
ouittal the doubt must be such t:.at II
| the same kind of Il doubt were inter
posed in the graver transactions oil hie
| it would cause a reasonable ana pru-
dent man to pause and hesitate: H.
after considering all OF the evidence
| in the case you can say that you nave
an abiding conviction of the truth OF
the charge then YOU are satiShed ne
yond a reasonable doubt.
II nine OF you agree upon verdict
YOU NAV render the same. Let the
Verdict which YOU shall render-be II
what il maybe what each OF you
who votes for it. conscientiously be
llfeves it ought to he. upon the evidence
adduced and upon the law as given u
YOU by the court On the one hand
let not sympathy for the defendant