The Hawaiian gazette., 1904-10-07
MURDER FIRST DEGREE.
Continued from Page So

knew If Miranda nau a knife or not;
do not know where he got the knife;
they woman was behind tree feeding
herself. To a juror-The woman had
no thorn in her foot: they We're not
sitting on the ground together after he
got the light. To the COURT know
because from the time he took the Ian
tern he kept on walking; know this
because as he walked along he held my
hand.
At 1910 recess was taken until p. m.
GOES TO JURY.
1--WE close, your Honor" was all Mr.
Thompson said when the court resumed
sitting at 2 p. m.
Mr.. Davis proceeded at once to de-
liver the closing address to the jury on
behalf of the defense. AS in his open
ing remarks he conceded that there was
no question of Miranda's guilt so far
as causing Mr.. Damon's death was
concerned. but he went on to contend
that the Attorney General had not
proved and could not prove the ingredi-
ents of murder in the first degree.
Quoting from eminent writer's of law,
Mr.. Davis made an eloquent plea for
lions attending the defendants whole
life We're described, the speaker argG-
ing that Miranda's low mental con-
dition should be considered. He vas
'but one degree above BRUTE the
advocate said.
Attorney General Andrews, beginning
his closing address for the Territory,
complimented the defendants counsel
on the ability they had shown in con-
Quoting the defense. 1t was proof of
the astuteness of Mr.. Davis that he
had avoided any review of the evidence
in his address. The evidence could
leave no room for doubt that the de-
PENDANT was guilty of a foul, premedi-
tated, old-blooded murder. His for
feited life would be but poor reparation
for the life of the valuable citizen TAX
en- by him, for the loss to his wife and
children of their protector and for the
anxiety, sorrow and trouble caused to
the community by the crime of that
wretch who was of no good use to HIM
self or anybody else and who ought not
further be allowed to cumber the earth
with his existence. The Attorney
General rapidly reviewed the evidence,
thought and deliberate reconciliation
had been proved, even from his own
mouth, against the defendant. Mr..
Andrews concluded a powerful address
at $780,
Judge Gear delivered an elaborate
charge TO the jury, quoting freely from
judicial authorities. He stated all of
the Prescriptions in favor of the ac-
cused first and then the Prescriptions
against him. Fermentation, 1t was
shown, did not need to occupy any APP
preciable length of time. Self-defense
could not be considered where a homi-
eide had not had reason. to fear danger
to his life or great bodily harm from
his victim. The court defined from the
Hawaiian statutes the different yer-
diets upon one OF which the jury might
decide. These We're murder In the first
or second degree, II being for the jury
to say which, manslaughter In the first
or second degree, and assault and bat
terry.
Deputy Attorney General Prosser
suggested that still another class Of
verdict might be that Of mot guilty"
Judge Gear observed that Il had
the defendant Was not guilty in one OF
the I'VE classes he had namsd.
GUILTY As CHARGED,
The 3ufy retired a. llG. They ro-
turrd az t.s5, on one hour ANA ton mlnr
ules later, Niih lss verdict of guilty
already recorded
A ihs request nf So Thompson the
lury Nere p2llfd hen each ~ ihem
answered n clear and positive tones
ihai u Nau hls verdict which had hspp
rendered
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apis ! ~ NHaNla 4 M - ~ flfHds
aftlis AZ iHhe 81 N az nmalil mssi
"a Nhssihd iiHs ~. aAhslts ~ 800
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