The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-27
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
MARCH TERM 1899
REPUBLIC OF HAW All T. MURAMOTO alias MAZDA.
EXCEPTIONS CIRCUIT CoURT, FIRST CIRCUIT.
SUBMITTED DECIDED ArRL 20.
JuDD, CD, FREAR WHITING, J j.
A
a
J..
OPINION OF THE COURT BY FREAR. ].


Defendant rape convicted sentenced
pronnen for life and pay fine of fifty dollars, in the
cult He this number of exceptions
of which the only that need be considered is that taken
the verdict being contrary the evidence 1t contended
that there evidence prove that the of rape had
been committed
There three Witnesses police officer, japanese
woman by name Their testimony tended
show the following facts:
On December 10, 1898, Masa and another japanese
Mimi upon whom the rape alleged have been committed
gathering ageroba beans the Eva plantation
this island The defendant Mazda and another japanese Goo
knowing that the going gather beans
where they and after standing by for Time
Mazda askedA and lie down the beans He
took hold of her but she got and Off Goto took hold
of Mimi and pulled her into the forest and Mazda assisted by
pushing her, after Maa got away from him Mas after
ming distance stopped and looked back but could
the others owing the density the forest
later Goo and Mazda and Masa back and found
Mimi lying the ground nsensbe police officer called
Immediately. He lying exhausted among
the trees her clothes arranged properly He pursued Goto and
Mazda horseback and caught sight of them Goo
field and escaped and had been captured the
time of the trial The officer followed Mazda and when
him called him stop. Mazda did threw up both
and sad in both English and japanese, Not not me,
didn't do it. didn't do it. Goto did it, only hold her hands,
Goto did it. do it.. A little later doctor called He
found the lying state the bean
bags He examined her ascertain her general condition He
made internal examination He testified: Ihere moth
ing indicate that should, because there ab1gsions
about the prvtes that showed externally anything of the
kind He testified also that he could not have told whether
penetration had occurred without examining the
see if there was serum There scratches
bruises the body. She suffering apparently from in
stomach The doctor attribut
ed her emiconscou condition shock of some kind He
herbr hero the
began her for the bowels hat the only thing she
complained "She emacaed, debitated weak, thin
almost pleurc She state where the blood is
poverised they of She had been that
way for time She married and Goto
not her husband She died about three weeks the assault
The theory the that Goo committed
defendant present aiding thereby be-
coming principal himself in the commission of the offense
Assuming that the evidence sufficient indicate nten
rape rather than robbery other oense
still there evidence that rape actually committed
attempt commit it. which consunmaed 1t
degree mmaera but this there evidence, direct
Indirect of penetration. What little evidence there
this point the other We do in detail
upon subject of this kind where this instance it is
necessary do It true, Mazda said Coto did it, But
did what! See Green State So C) 1885, White a. Com
monweah % S. W. (Ky The crime of rape may have
been committed but in opinion it proved.
The exception considered sustained the Judgment below
versed and trial ordered
Atoyrey-Geuc7ul H. f. Cooper and Hurry p. Weber for
prosecution
H. r. De Bolt for defendant.