Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-03-23
A|[O'S MURDER CASE
WAS HARD FOUGHT
CONTEST OF ATTORNEYS
HAD ATTRACTED WIDESPREAD IN.
TEREST BECAUSE pARTIcI.
PANTS WERE MEMBERS
OF THUG GANG.
Especial TO The Bulletin


Hilo, Hawaii, March ia case OF
more than usual interest was decided in
the Circuit Court here today. Morito
Kizo, charged with the murder OF MORT
yama, said to be the successor of Flu
nakoshi, murderer and thug now
serving with one of his lieutenants a
thirty-five year sentence in oahu
prison.
The crime for which this defendant
was tried was committed on the even
ing OF January /. 1905 at house in
Hilo directly opposite the Mooheau
Park. The circumstances connected
with the case date to the trial Of Fu-
nakoshi. Morito was a witness in that
case and since then the thugs have not
had a friendly feeling for the prisoner
and It was brought out in the trial
that he had been several times threat
ened, once by the deceased.
At the preliminary hearing the widow
Of the dead man testified that while
she was with her husband In their
home she heard some one calling him
and that he went down stairs to see
what was wanted. A few moments
later she heard blows and looking over
the verandah saw men beating her hus-
Dand with clubs. Now note the differ.
ence: At the trial last week she testi-
fed that her husband was under the
! influence OF saki asleep in bed when
defendant came up and pulled him
down stairs. She went down afterward
and saw the men beating him with
clubs and another striking him with
what appeared to be either Ratchet or
japanese butcher knife. This evil
dence OF hers was disprored by the
female proprietor OF bath house. OPP
posite the scene OF the murder. That
witness told OF seeing the wife Of de-
ceased In the bath house and OF her
screams a few minutes later when she
left the bath and discovered the re-
mains OF her husband lying in the road
In his own behalf the prisoner testl'
fed that he had been threatened on
numerous occasions by the deceased
and on the night OF the murder he hap
pened to be passing the house of de-
ceased when ne was assaulted and his
life threatened To protect himself he
struck back and killed the man In de-
tense OF his life. other witnesses tes-
titled to the dangerous and vicious char
acter OF deceased.
In some way the defense discovered
the existence of material witness
some days after the trial was begun
and Mr.. Irwin filed an affidavit asking
for continuance, which the Couri
granted. This request was based upon
the fact that a witness was discovered
in Kau who would testify to the fact
that Mrs. Moriyama was In the bath
house at the time OF the murder and
consequently could not have seen ths
crime committed. This witness was
expected to arrive in Hilo by train on
the following morning. That same
night Mr.. Doyle left for the Volcano
end saw the man coming over from
Kau early the next morning. They
came back to Hilo together and the
Japanese gave his testimony as was eN-
pected by the defense but on cross-ex.
animation admitted that he had told
Doyle a different story, Then Mr.
Doyle was called. He testified to the
trip down and to the fact that when
the train arrived at Waiakea Station
, the "disinterested" barber came aboard
and Immediately engaged In CONVEX
sation with the Kau witness telling him
what he expected him to testify TO or
the stand.
The case was one OF the best contest.
ed on both sides that has been heard
here in many years. The address Of
Mr.. Irwin for the defense lasted an
hour and half and was a mastery eff
fort under any conditions. That OF Mr.
hilverton was marked by knowledg,
| of law that was a qualification to tn,
many friends he had made in HilC
when he came here six or seven years
ago to accept a. position under Judg,
Little. The jury retired and was out
about two hours when II returned th'
highest verdict under the law. Th'
case is having a good effect on tn,
japanese and those on the side Of Law
and order join with the Anglo Saxon!
In desire to have Mr.. Milverton re-
main and prosecute the other murder
cases on the calendar.