The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-21
Doors Open at o'clock This Morning Terms positively cash.

+ evidence your committee has come &c
| the following conclusions:
Conclusion No. There was no evil
| dence produced before the trial court
at Hilo, and there is no evidence III
any OF the numerous other statements
above referred to- warranting the CON
viction of defendant No. 6, Chong Chez
YueI, OF any offense whatsoever. On
the contrary, the evidence is over
whelmingly in favor of the proposition
that he not only did not take part in
either the torture or the murder of PAX
f-Nn No: but that he was the chief
one of the entire nine who were present
,.---ils ms torture and murder, who
.ook steps to deliver him from his
fate. We believe that on the record
he should be granted full pardon, OH
the specific ground that he is not only
rot shown to be guilty, but that he is
specifically shown not to be guilty.
The examination of the other state
ments, which are not a part of the Of
fetal record of the trial, including the
private notes of the assisting prosecut-
ing attorney, Mr.. Doyle, not only does
not modify, the evidence of the inno-
cence OF No. g. but, on the contrary,
strengthens il.
Conclusion No 2-As to defendant
No. 5, Kim Yong zee, the conclusion
Of your committee is that the evil
dcnce does not justify his conviction of
murder in any, degree. At best, the
evidence justiffes his conviction of an
assault only, and the evidence is not
strong even as to this offense.
We believe that the Governor should
III he
penalty to such lower penalty as the
circumstances appear to warrant ana
he may deem just.
Conclusion No. 3-As to defendants
Nos 1. and +, we believe that the
evidence warrants their conviction OF
murder in the first degree.
A differentiation OF the degree of
their culpability may, we think, be
properly made as between No. /, Woo
Ming Sock, and Nos. and 4, in favor
o. 40. 1, TOR the reason that through
ont the entire transaction and even
down to the last moments before the
killing of the deceased, he was less
cruel in his actions toward the deceas-
ed; upon several occasions intervening
to protect him from Nos. 2, and 4,
and that in the last act of the tragedy
he advised and sought to release the
deceased instead Of killing him.
Conclusion No As to No. 3, Shin
Miung Ok. and No. 4, Kang Yong Box, |
all that the committee can say in their
favor is that there does not seem 10 |
have been any intention on their part |
to kill the deceased, until the last mo- |
rnent; all of the preliminary proceed |
ings having taken place with the sole |
intent to restore the money and pass |
ports which he had stolen, and that |
the final decision by Nos, 3 and 4 to |
kill deceased was arrived at while they |
y ere unduly infiamed with liquor
The undisputed evidence is that Nos |
} and were more or less drunk in the /
morning and consumed a considerable |
amount of liquor Immediately before |
their final decision TO kill the deceased. |
As to whether these circumstances in |
their behalf are sufficient to warrant |
Communication OF their sentence, your |
committee does not feel called TO adj |
Use. and therefore makes no recon-
mendation concerning the same.
For the purpose Of securing the con-
.rete presentation to the Governor of |
he conclusions Of this club the COM
rnittee herewith submits for considera-