The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-05
WADE AGAIN IN COURT
HELD TO ANSWER FOR ASSAULT
TO MURDER.
Charged with Shooting at Captain
Harry Evans When La.,er Arrested
Him on the Australia.

George Wade was held TO answer to-
day by Judge Wilcox to the charge of
assault to murder bail being fixed at
$500. This Is the second case against
Wade growing out OF the murder
of Gillispie on the steamship Australia
on May NJ. 1899. 1t was brougn, be-
cause of the recent decision OF Judge
Gear giving Wade his liberty rom life
imprisonment Tor the killing of Gill
lispie.
Wade was arraigned on the following
charge this morning: THAT George
Wade, did at Honolulu, Island OF Oahu
on May 16, A. ID. 1899 and within the
jurisdiction Of this court TO wit; on
board of the American steamship Aus
tralia, while said steamer was within
a marine league of the shore and di-
rectly off the port of Honolulu being
armed with a dangerous weapon, to
wit; a loaded revolver, assault another,
20 wit; complainant said Harry Evans,
with the intent then and there and
thereby to commit the crime OF murder
contrary to section SO of the Penal
Laws of 1897"
81 move" said Mr.. Biting the attor-
ney for Wade, that the charge be
quashed on the grounds that no offence
is charged against the laws of tue Ter
ritory of Hawaii or against any other
laws. l do not care however, to argue
the notion
Deputy High Sheriff Chillmgworth
asked that the motion be denied, which
was done after which Harry Evans the
former captain of harpor police who
had sworn to the complaint against
Wade, was called to the stand
Captain Evans testified TO the cir
cumstances of his arresttng Wade and
of the alleged assault. Evans was in
the pilot boat leaving the Australia
when Mrs. Helen Craft came TO the side
of the steamer and cried Great God
Captain Evans there has been man
shot on the vessel" Captain Evans and
Officer Chester A. Doyle and several
others went after Wade. Captain
Evans found Wade with a revolver in
his hand between decks. Wade asked
with an oath. If Evans wanted him.
The latter had no weapon so he replied
that he was not looking for Wade but
the man Wade had shot, who was Gill
lespie. Evans got gun from the ship
and went after Wade again. Wade
shot at him when they were by the
galley and Evans then shot Wade in
the head. Chester Doyle corroborated
the circumstances regarding the shoot
ing.
On cross examination Mr.. Evans ad-
mitted that Wade was so much under
theinhuence of liquor as to be abso-
lutely incapable of knowing what he,
Wade was doing.
Mr. Biting did not offer any evidence
but before the court rendered its de-
cision the attorney proceeded to make
a few remarks on behalf of Wade, lay
ing particular stress upon the fact of
Evans having testified that Wade was
in such a condition as to be unable to
know or realize what he was doing.
I'VE admit" he said that intoxica-
ton is no excuse for crime but the
courts have held that in cases where in
tentlon is the essence of the charge,
as in the present case, the defendant
cannot be convicted"
The court held the defendant to an
swer to the circuit court and fixed bail
at $2500. Mr.. Biting expressed the
opinion that this was excessive and
stated that ne would probably ask the
circuit court judge to reduce the
amount.
The case against Chida Manzabaro
one Of the Kahuku murderers charged
with being an accessory to the murder
of some Chinese was continued until
Monday at the request of High Sheriff
Brown.