The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-09-04
IS FOUND GUILTY
OF MANSLAUGHTER
Jury Was Out But a Little Owe.
an Hour.-.Casc May be
Appealed.
(From Saturdays Advertiser)

Samuel Barney, who killed John w
L.orbeer at the Oahu Railroad depot or
Sunday morning, August IL, was fount
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 Slliiman to
serve fifteen years in the Oahu peniten-
tlary.
1t took the jury trihe over an hour
to roach the verdict. The case went to
them at $40 last evening, and few
moments after $40 they returned with
n verdict of manslaughter in the first
degree without recommendation. At
torney Andrews, counsel for Barney,
Immediately moved for a new trial, but
the motion was quickly denied, ana
Judge Silliman proceeded at once with
the sentence. He asked a few questions
of Barney as to his birthplace, ascer-
tanning that he was single man and
had only some brothers and sisters in
his native Safe, Oregon. Attorney Cen
eral Dole asked for the fun penalty.
Attorney Andrews pleaded for short
sentence. The Judge then sentenced
Barney to serve fifteen years in Oahu
penitentiary at hard labor.
morning, the case went rapidly, and 1t
soon became evident that the day might
completely close it. Mr.. Andrews start
ed the morning by mild protest
against permitting the newspapers
printing the news of the trial with COM
ments on the relevancy and effect of
the testimony, but Judge Silliman re-
minded him that Hawaii was 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. 1t would be sufficient" Mr.. An
drews urged pleadingly.
II think that Is without the province
of the court" Judge Silliman replied.
''The papers ought to refrain from
commenting on the news and 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. He was quite
seif-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
of his life that he had fired at Lorbeer
to protect himself. The evidence on the
score of self defense was not very con-
elusive. The setting of q ring was
found in BIrney's clothing after his ar
rest. This, 1t was stated. had been in
ring worn by Lorbeer. although 1t 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 a small piece of
smooth agate. and would scarcely have
done any one much HARM
Shortly before o'clock the defense
rested. and then there was a wrangle
over the admission of instructions, and
1t was agreed to 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 M. 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
to the shooting.
"Lorbeer was on the rear end of a
train backing down the track" he said.
'Lorbeer reached out and showed Bar
AACS oal VI tlc way VI lUe car. lnen
Lorbeer made a warning gesture at
Barney. Barney. in stepping back
reached for 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 the position of the two parties
most interested. and himself. He said
that he had gone to the aid of Lorbeer
as soon as he could collect his senses,
and then accompanied Lorbeer to the
hospital.
HUGHES ROSS-EXAAIINED.
On the exact location of the two men
when the shooting took place, Hughes
testimony differed somewhat from
Kapple's. on crosse examination Hughes
stating that the two were farther Wal
kiki than had Kapple.
Then Mr.. Andrews went at him on
the question of the blows said to have
been interchanged. Hughes considered
that Lorbeer had pushed Barney away
from the moving car. He was quite
sure that Lorbeer had pushed Barney
with his open hand, and did not strike
him with closed fist.
HIS version OF the situation when the
nrst shot was fired differed somewhat
from that OF other witnesses. He stated
That Lorbeer had seen Barney start TO
draw the revolver and had jumped to-
ward him 30 that the two were half
Erappied when the revolver exploded. Il
FIREMAN YATES TEsTIFIEs.
John p. Yates. a fireman on the rail-
road. was summoned by the native boy
Hoopii 10 the scene of the shooting. ana
when he reached there Barney vas on