The Hawaiian gazette., 1904-09-23
VERY MILD
CONVICTION
Guilty Of Assault
For Killing
a Man.

Dan kaiuul kuhlll, luaiNlfI loI man
slaughter, was found guilty Of "as-
sault and battery. with recommends
ton to the mercy OF the court" by a
jury at 5.22 yesterday afternoon.
Shortly before the jury came out Of
their room they asked Judge Gear
through Bailim w. $. Eli II they
might add a recommenanti ton OF mercy
TO their verdict. The answer was in
the affirmative.
The verdict Is tantamount to an ac-
quittal of the serious crime charged
clearly a compromise verdict-for If
there was no reasonable doubt that the
defendant did what was alleged the
verdict should have been guilty ac-
cording to the indictment and, If there
was reasonable doubt, verdict Of
clear accuittal should have been rend-
cred.
Deputy Attorney General NJ. F.
Prosser prosecuted, and Samuel F.
Chillingworth defended the accused.
Kahili was indicted at the June
term for the killing of Robert Lima
hama without malice aforethought, by
cutting him in the abdomen on April
II, 1904 so that he died from the
wound on April 10.
With two or three challenges for
cause the following jury was accepted
to try the case: G. D. Malone, j. A.
NJ Johnson, j. F. Soper, E. Benner, ].
II. Craig, II. P. Roth, J. ]. \ 'as, H. A.
Parmelee, C. ]. Fishel, James Brown,
Harry Carl, E. P. Chaplin.
The evidence for the prosecution
went to show a cornwall meeting of the
defendant with Limahana in the lat
ter's house, which began with en-
bracing and kissing by the men in
high-toned European style and end
ed in a rough and tumble fight, out. of
(which the goodman of the house was
Isent to the Queens hospital with his
abdomen cut open and two less seri-
Gus wounds elsewhere on his person.
DR.. n. B. Emerson, physician to the
police station, and Dr. c. B. Wood,
house surgeon to the Queens Hospital,
Were among the witnesses. DR.. Wood
told of a short cut under the left arm
which did not penetrate the chest cav
ity, a cut two or three inches long
severing the biceps of the right arm
and, lastly, an incision three or four
inches long across the abdomen which
exposed but did not penetrate the
stomach. Death the witness testified,
was the direct result of this last
wound. Under cross-examination DIR.
Wood gave no support to either of the
theories that the wounds might have
been self-inficted and might have been
accidentally caused in a struggle be-
tween the men for possession of the
knife.
C. F. Chilingworth, deputy sheriff.
testified about the arrest of Kahili.
He said the defendant was under the
influence of liquor.
Kahili took the stand in his own de-
Tense. He said Limahana and he We're
returning from party up Manoa val
ley, where the other man made a pro-
posal, which he took in jest, that they
exchange wives. They went to Lima
hana's house, where they alternately
terms toward each other. 1t all ended
in fight when Limahana drew a
knife. Defendant tried o,get the weap-
on away from him and in the struggle
Limahana, holding the knife in his
left hand, cut himself in the right arm
and the left side. How the wound in |
at loss to explain.
MUST STAND TRIAL.
Judge Gear yesterday morning de-
MED Attorney Cathcart's motion to
quash the indictment of Hayashida for
III lht ttbltc. he
a Massachusetts decision where an in
dictment containing a similar error
describing the grand jury as that of
the Commonwealth" instead of the
judicial district"-had been sustained.
The court also overruled a demurrer
TO the Indictment.
BURGLAR SENTENCED.
Fujimoto, who pleaded guilty of bur-
glary in the first degree, was sentenced
by Jdge Gear TO Imprisonment at hard
labor for five years.
JOHNSON RELEASED.
Enoch Johnson Is not going 10 be
tried on the charge OF gross cheat, for
which he was indicted February 20.
1904. Having been convicted last term
with Jonah Kumalae OF conspiracy In
with the LEGISLATURE graft.
on the same facts as those OF this
Indictment johnson has been released