The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-12
.GUSSMAN
IS GUILTY
Verdict Returned
Late Last
Night.
MANSLAUGHTER
IN THIRD DEGREE
Jury Reaches an Agreement After
Eight Hours Argumsnt-Court
Cuttings.

b. Gussman was found guilty Of man
slaughter in the third degree last night.
after a jury had struggled with the
question of guilt or innocence for near-y
eight hours.
The agreement was reached at 1880
o'clock. and Judge Humphreys and Dep
uty Attorney General Cathca-t were
summoned. Judge Kaulukou having re-
manned in court.
The prisoner was brought up from jail.
and at IL o'clock the jury was brought
into the court room. The verdict was
read by Clerk KeIlett, finding the defend
ant guilty of -manslaughter in the third
degree, and he interpreted the verdict to
the prisoner.
Afterwards the foreman added: And
we him to the mercy of the
Court" The Court was about 10 send
them back to the jury room TO add that
recommendation to the verdict. but after
wards allowed this to be done In open
court, all the jurors agreeing.
Mr.. Kaulukou moved for a new trial.
on the ground that the verdict was con-
trary to the law and evidence, and to the
Courts instructions. The motion viii be
formally heard Saturday morning, SEN
tence being deferred until the matter is
passed upon. The limit for the crime
charged in the verdict is five years Inn
-prisonment.
For murder in the second degree the
maximum penalty is a life sentence, and
not less than twenty years.
The trial of Gussman was esumed up
on the opening of court yesterday morn
ing.
Attorney Kaulukou. on behalf of the
defendant, asked that the jury be taken
to inspect the premises where the muir
der was committed. Judge Humphreys
refused to allow the jury to make the
trip, holding that such evidence was i'm
material, and that the jury could obtain
a better impression from the description
of witnesses, as their minds were likely
to become confused by a personal visit.
I'm some cases of homicide said the
Court, "th,s may be necessary, but there
is no testimony here that renders neces-
sary in the slightest degree an inspection
of the premises. The motion is denied"
With this the government closed its
case, and Mr.. Kaulukou moved that the
jury be instructed to return a verdict of
not guilty. This motion was also prompt
ly denied, and the defense began the
Introduction of evidence. The defeu6Glt
himself was placed on the stand and AoId
the story of the crime through the Ha-
waiian interpreter. He admitted that he
had stabbed Eaneoha. but claimed that
he acted in self-defense. He was on the
floor, and Kaneoha, who was a large and
unusually strong man, was kneeling on
his body and choking him. when he stab
bed him with a knife. The weapon was
int Cduced in evidence.
The arguments of counse were brief,
and at 3:15 O'Clock the jury was instruct
ed and retired to the jury room. No
agreement had been reached at 6 o'clock,
and the jury was again called into court.
Judge Humphreys ordered them taken TO
Notes for dinner and agreed to receive
a verdict up to midnight. The jury
We're brought back by BalIf Ellis short
ly after z o'clock, and locked up in the
Supreme Court room.
COURT NOTES.
A decree was filed yesterday In the
case of F. Wundenberg vs.. George Mark
ham.
a general denial and answer has been
filed in the case of A. Knust VS.. Charles
Kamman.
An affidavit was fled yesterday In the
appeal in the matter CT the Schlief Es-
setting out that several hundred dot
lars paid to the a%uctioneer and commits
sioner had not been returned. though de-
by the commissioner.
Both plaintiff and defendant in the case
Of kaunalewa ct al. VS.. Kipi ct al. are
dead. and a motion was filed yesterday
10 substitute the ii Estate for plaintiff
Kaapuiko for the dead defendant.
The cases OF George Wade, Wm Ester
kasabro were called uD yesterday
and continued until the next
term by agreement. In the last named .
sase Attorney Straus' motion for a con-
-inuance because of the absence of a wit
hess was denied. but allowed upon the
agreement Of MI Cafhrart /