The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-18
IHARA MUST HANG
Execution Set for 4th OF
December.
Syllabus of Supreme Court Decis
ion Review of EXEC ptions Taken
Upon the TrIai.

The Supreme Court has handed down
it's decision in the appeal Oh lnal d Icnl-
goro. the Kahuku riOter who is under
sentence of death for the murder OF a
Chinaman. Following is the syllabus
of Judge Writings remarks
1t is not essential that the testimony
at the preliminary examination OF a
person accused of a crime should be
taken by the hands of the committing
magistrate himself. 1t suffices if it be
done under his supervision and direc-
ton.
Where the accused is committed for
trial, the Indictment presented against
him must be for the offense charged in
the complaint upon which he was eX-
amined, or che included therein, but the
prosecuting officer is not limited by it
in the mode of charging the Gffense. 1t
is competent for MIN, so long as he
does not undertake to proceed against
the accused for a different transaction,
to publish his information or indict-
ment in such form as will enable him
TO try the offense on its merits.
An indictment for murder in the first
degree contains several counts, one
charging the killing with deliberate
premeditated malice aforethOught'
and another charging the killing with
extreme atrocity or cruelty" held that
the different counts merely charge the
same offense in different ways.
Where two persons, A and b, had
been killed at the same time under the
same circumstances, it was competent
to admit evidence of the killing of B
as a part of the res geStae, although
the killing of A alone was charged in
the Indictment The defendants were
Japanese. Witnesses for the prOsecu-
ton gave their evidence in English
Portuguese, Chinese and Hawaiian Ian
guageS, which was interpreted into
Japanese; defendants were represent
ed by competent counsel who under
stood the English language, which is
the language of the court, no objection
was raised during the trial to this pro-
cedure and no request made by de-
PENDANTS or their counsel to have the
evidence interpreted to the japanese
in their own language. Held: No
ground for a new trial, if the accused
had counsel who understood the testi-
mOny either directly or through an in
terpreter. COntributiOnal requirement
Article of the Constitution, which
says that an accused person has the
right to meet the witnesses produced
| against him face to face, is complied
| with, though king VS.. All Har, Z Haw
| 319) the accused can waive the right tC
| have the testimony, if IN a language
! foreign to him, interpreted to him
when represented by a counsel who I'M
| derstands the testimony either direct
| ly or through an interpreter. in CAPT
| tai cases, as we'll as in those of a less
| degree.
| Murder Accessory before the fact
| Conspiracy. Reasonable doubt. Charge
! of the court to the jury given in full
| Verdict held not contributory to the
| evidence.
| The decision Of the court aftirms thu
| verdict, saying: while it is difficult
| to reconcile many parts of the testi
mOny, We find that the jury had suff
! cient evidence before them to justify
them in arriving at the conclusions
| they reached, and we decline to inter
fere with the verdict. The exception:
are Overruled.'
Nothing now remains to save thu
neck of Ihara but the clemency O
President Dole, to whom an appeal fol
communication of sentence will be made
| by his attorneys. The execution is Sc
| for 4th proXimO.