The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-12
Gusmann Recommend
ed to the Mercy of
the Court.
NAN IN COURT IN G-EVIGT G4HB
TAKE HIM OUT AND BUY HIN A
SUIT OF CLOTHES" SAID
THE JUDGE.
Kasahrs's Trial Postponeo-Easter's
Trial Goes over--Jury Complains
q Not Having Had Enough to
Eat-court Notes.

Eat-Ccur Notes-
The case OF Ben Gusmann. charged
with murder in the second degree,
was resumed in Judge Humphreys
court yesterday morning and a motion
Vas presented by his attorney re-
ouesting that the jury be taken 10 the
scene OF the alleged cline that they
might look the premises over. and
determine to their satisfaction the
distance certain witnesses who lad
tesuacd might have been from the
scene Of the trouble.
The court held. however, that IN
this case a visit OF such a nature
uld only delay th proceedings and
be OF no material benefit 10 the de-
PENDANT or prosecution. The motion
vas denied-likewise that he dismiss
the defendant on the grounds that the
prosecution had failed to make oat a
case against him
The prisoner thsn took the stand
and testified that be and his wife
with whom the deceased had lived for
eleven years. INDUCED in a slight al
tercati. n on the morning OF the killing.
that il was not OF a serious nature,
but during its progress he was seized
suddenly and thrown upon a bed by
the deceased who was a strong. pow
erful man. The struggle continued
until he was thrown upon the hcor
and was fast loosing all power TO de-
fend himself Believing that his OPP
pcnent meant TO kill him. he drew
his knife and struck wildly without
any intent 10 kill. but simply to make
the deceased loosen his hold.
At the conclusion OF his testimony
the court ordered a recess until , p.
m. Just as they were being taken out
for lunch a spokesman for the jury
appealed strongly against the treat
ment they had received at breakfast
in one OF the restaurants. aiming
they only had a 50-cent breakfast,
and we're charged 81 f.r Il; but upon
investigation this was found to De in
correct They ordered from the bill
OF fare 81 worth at regular prices and
were charged that amount. When the
court re-convened NJ O'Clock Attor-
ney Kauukou addressed the jury, fol-
lowed by Deputy Attorney General
Cathcart. after which. the following,
am ng many other instructions, was
given by Judge Humphreys:
Under the law OF this Territory
manslaughter is declared TO be Of
three degrees. a different punishment
being fixed 70 each degree. but our
statute does not define the various |
degrees Of manslaughter. nor does il |
furnish the court with any means by |
which Il may intelligently define the !
degrees Of that crime, In the alb. |
sence OF a statutory definition of the /
degrees Of manslaughter. and the |
Court being unable 10 define the de- /
grees Of that offence. no guide for so /
doing being afford Il by either the |
Common or Statute Law. the jury |
should II they believe from the evi. 4
dence in this case. beyond a reason
able doubt and TO a moral certaiatv.
that the defendant is guilty Of man
slaughter, return a verdict OF guilty
Tor the lowest degree OF that crime
TO wit: manslaughter in the third de-
gree"
me jury then retired.
Shortly before midnight the Jury !
verdict OF manslaughter in
he third degree and recommended
be prisoner TO the mercy OF the coart.
viii be pronounced Saturday
dGI
Ia Court in conviet's Garb.
The case Of the Territory VS.. Ka-
una. charged with burglary in the
rst degree. was postponed yesterday
ntil this morning When the Court
,oked st the prisoner he noticed that
e was clothed IN the garb OF con
let. and at once inquired the cauce
he officer explained that the man
ad no other c thas. whereapon
udge Humphreys said:
Take that man cut and buy him a
uit OF clothes az cost not to ex-
eed ten dollars. ard l viii approve
he bill. and bring him here t1mor-
ow; from the earliest history no man
ras ever allowed 10 be taken before a
Of Justice bound. or with
all ard chain. or clothed IN any gar
ient that would siigmstise him as q
elon. or prejudice the minds OF anv
gainst him before he had been tried /
nd declared guilty"
Attorney L. NJ. Strauss for defend.
ut
NssabFs's Trial Postponed.
Furaki Kasabra. charged with niur-
er in the first degree. appeared in
curt YESTERDAY morning. He Is rep
by Attorney Bigelow. Who
iiled TO be present upon molten OF
eputv Attorney General cathcart.
nd with the consent OF the defendant.
he case was carried over 10 the Feb
iarr or any special session OF ;he
,urt.
Kasabra. Il win be remembered. Is
Ie diminutive little Jap who some :
me since killed his baby by st-ang. I
ng Il. snd then rot'aed the police !
the act. He stated that he would
iish up the rest OF the famiiy when
go opportunity was presented. as
} preferred that all should be dead
Their than starye. His case came !.