The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-01
Slayer OF Lorbeer
Gets A Light
Sentence.
IS FOUND GUILTY
OF MANSLAUGHTER
Jury Was Out But a Little Over
an hour--.Case May be
Appealed.

Samuel Barney. who killed John w.
Lorbeer at the Oahu Railroad depot on
Sunday morning, August IL. was found
guilty of manslaughter in the first de-
gree by the jury which has been hear
| ing his case for the past two days. and
he was sentenced by Judge Silliman to
serve fifteen years In the Oahu peniten-
tiary.
| 1t took the jury a trifle over an hour
to reach the verdict. The case went to
them at $40 last evening. and few
moments after $40 they returned with
verdict of mauslaughter In the first
degree without recommendation. At
torney Andrews. counsel for Barney.
Immediately moved for a new trial. but
the motion was quickly denied, and
Judge Silliman proceeded at once with
the sentence. He asked few questions
OF Barney as to his birthplace. ascer-
tanning that he was a single man and
had only some brothers and sisters in
his native state. Oregon. Attorney Cen
eral Dole asked for the full penalty.
Attorney Andrews pleaded for n short
sentence. The Judge then sentenced
Barney to serve fifteen years in oahu
lpenitentiary at hard labor.
From the opening OF court in the
morning. the case went rapidly. and 1t
soon became evident that the day might
completely close IL. Mr.. Andrews start
ed the morning by a mild protest
against permitting the newspapers
Ill ~..ssI Il
ments on the relevancy and effect Of
the testimony. but Judge Silliman re-
minded him that Hawaii was a free
country, and that newspapers had a
right to print the news. and that he
could not prevent 1t.
But II your honor would make an
order requiring the papers to print the
news Of the trial without commenting
on 1t, It would be sufficient" Mr.. An
drews urged pleadingly.
II thiuk that Is without the province
of :hs court" Judge Silliman replied.
THE papers ought to refrain from
commenting on the news and I will ask
the reporters to keep their reports as
free from comment as possible"
The day went rather better for Bar
ney on the whole. George Dodds was
Barney's star witness. and he proved
one OF the most convincing that had
appeared on the stand. lie was quite
self f-possessed. and told story that
was not materially shaken by cross-ex-
animation. Barney himself appeared
on the stand and told a careful story
of the crime. In which he attempted to
prove that he had been In such danger
of his life that he had fred at Lorbeer
TO protect himself. The evidence on the
score OF self defense was not very con-
elusive. The setting OF a ring was
found In BGrney's clothing after his ar
rest. This, II was stated. had been in
a ring worn by Lorbeer. although II was
not proved to have been his. Barney
said that when Lorbeer hit him he
thought he had been stabbed and he
drew his gun TO protect himself. The
ring setting was n small piece OF
smooth agate. and would scarcely have
done any one much harm.
Shortly before 5 o'clock the defense
rested. and then there was a wrangle
over the admission OF instructions, and
IL was agreed 20 postpone the argu-
ments until evening. Something over
an hour was consumed in the argu-
ments. and at $40 o'clock the jury re-
tired to consider the case.
SAW BARNEY SHOOT.
Walter NJ. Hughes. an engineer Of the
Oahu Railroad Company. was the first
witness OF the morning. From the
roundhouse. where he had stabbed his
engine. he saw the events leading up
Ito the shooting.
"Lorbeer was on the rear end Of a
train backing down the track" he said.
"Lorbeer reached out and showed Bar
ney out Of the way OF the car. Then
Lorbeer made n warning gesture at
Barney. Barney. In stepping back
reached for n revolver. and Lorbeer.
seeing the movement. made n jump for
him. He seized Barney and then the
gun was used. He leaped back and
said. You've got me- he started again
for Barney and there was another shot
Lorbeer went at Barney again and
knocked him down and held him with
one hand. keeping him from using the
revolver again"
On the map which had been prepared
OF the scene OF the shooting. Hughes
located fha roeftion Of the two Darffaa