The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-10-07
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She did not see the knife; did not see
the Americans hands when he pushed
the Porto Rican.
Mr.. Andrews objected to two cross
examinations on the same subject. He
was sustained and then. at 1905, an
nounced that the case for the prosecu-
ton was closed.
THE DEFENSE OPENS.
Mr.. Davis opened to the jury for the
defense. THE defense in this case is
that this was not murder in the first
degree" he began. That there was
a life taken that night there can be
no doubt Counsel said it would be
attempted to be shown that the crime
of the defendant was Inanslaughter,
that the deed was committed in the
heat of blood and not by a person of
cool and steady mind. The defendant
would be put on the stand to testify
in his own behalf. His environment
should be taken into consideration. He
was brought up in ignorance. Though
he could read he could not write. For
several days before the killing of Mr..
Damon he had been drunk.
DEFENDANT TEsTIFIES.
Jose Miranda, called. said he was %
years of age; attended school about a
year, when II years of age. When II
years of age his father and mother
died He came here when 10; worked
on Waipahu plantation about IL
months: had worked on plantation in
Porto Rico. was a Catholic-this an
swering a question if he had any reli-
gious training in his youth.
The woman told me to take the Ian
tern daughter, suppressed by the
bailiff); ii was about O'Clock: took
the lantern because the woman wanted
me to. as she had a thorn in her foot;
1 sat down on the lefthand side of the
road to take the thorn out of her foot;
cit was in the heel of her lefthand
; foot
Saw buggy; an American and
Pake We're in it; cannot say how many
were in the buggy; when the Amer
lean passed by he said something, l
do not remember what, I could not I'M
derstand. After the buggy went by I
was sitting down working at that
thorn; about five minutes later the
buggy returned; the American stopped
and asked me where 1 got this Ian
tern; I said:
81 got this lantern on the bunch Of
dirt on the road
He told me so and put it back; he
sal God damn you, put that Ian
| tern back I asked him to wait; he
said he would not and called me ."
and punched at me, first with the i.gRt
hand, then with the left. Then 1 ask
ed him what he wanted with me: then
he stood up and he hit me; he struck
at me but he never hit me, I lodged
him. When he showed ME / wounded
him; then 1 take the road and go on.
/ The woman told me TO throw away
/ .he knife.
/ The woman told me to use that ircn
| because that man might shoot me; that
was before / stabbed him. never saw
| that man before: had no enmity
| Against him. I was not angry but I
xas q little intoxicated; had taken "a
good deal of wine; did no. know that
I killed him: did not know that 1
wounded him.
| I did not want to tell about that
woman, but since she is trying to send
me TO prison 1 will tell the truth about
her That was her knife. took her
to live with me at Liliha street She
| told me that was her knife; she told
| me to leave it there, that l might
want it. That morning 1 wanted to
4
some coffee; Antonio did not want to
drink the coffee: Antonio cried and did
| not want me to go to Waialua; I told
her had to go because they wanted
to arrest me. 1 went to Moanalua on
| the electric car: Antonio went to town
/ and brought food to me; 1 took the
| knife to open can of meat; Antonio
opened the can of meat with the knife;
/ 1 put the knife in my trousers.
Antonio took rock to kill a China
| man; if she says I told her to do so
she lies. I was drinking from the 26th
| (the day before the killing) in the
| evening: drank about gallon of wine;
| the woman did not drink any of it,
Cross-examined by Attorney General
Andrews-Witness admitted having
| been convicted of various offenses three
or four times since coming to Hawaii;
| the first time was after he had been
| working on the plantation for eleven
| months: was out of jail ten days after
serving a sentence of two years for
| burglary in the first degree before stab
| bling Damon; knew the police were aft
er him; because Antonio told him; it
| was for breaking open trunk belong
ing 10 a Porto Rican woman. CA ques-
| ton as to whether he had not been
| convicted in Porto Rico of stabbing a
| woman and escaped was overruled first
on objection to the escaping and then
| on objection to the stabbing.)
| Did not sit down on the pile of dirt
to take the thorn out; the woman did
| not tell him then that she had a thorn
| ir her foot; they had already passed
the lantern before she told him about
| the thorn, about $50 feet; they ran back
and sat down, not at the pile of dirt
but $50 feet farther: while was looking
for the thorn the buggy came up; did
not throw the lantern down until the
| man came in the buggy; was sitting
| down by the road when the man came
| along: he didn't hit me right away but
| told me TO put the lantern back
I was sitting down with the woman's
| foot in my lap when the buggy came
| up; he hit me when 1 was sitting
down; he did not strike me because /
| lodged. fWiness here described the
| striking motion of Mr.. Damon, which
| was a high swing ar the laval 0f tho