The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-29
'JURYMAN
TALKS BACK
He Resents Newspaper
Attacks on Murder
Verdict.

81 read Governor Atkinson's remarks
about sympathy with murderers and
then I turned to the Bulletin and found
remarks calculated to work up sympa-
thy for Kaawaloa,' one of the jurors
| who convicted KaawaIoa of murder
said to an Advertiser reporter last
night Then he proceeded TO give some
particulars of the trial and conviction
of the man yesterday sentenced to
death for murder.
When we first retired the juror
said, I'VE took a ballot which showed
two for murder in the second degree,
one for manslaughter in the third de-
gree, one for manslaughter in the first
degree, one for something I forget and
the remaining seven for murder in the
first degree.
'"rhis was before dinner and directly
after dinner we took another ballot,
when eight voted for murder in the
first degree. Then there was argument
and we sent in for the judges charge,
SOI anu StdIISo III oil iiioi
Two men stuck out for while but
ultimately we took another ballot,
which was unanimous for murder in
the first degree. One had held out till
near the last for murder in the second
degree. We told him he ought to start
in and convince the eIc,en that they
were wrong. The whole argument was
on degrees, there being no doubt of the
killing by the defendant.
Now the Bulletin tries to make out
that there was no evidence of premedi-
tatfon and that Kaawaloa. indulging
in the ancient pastime of wife-beating,
merely pounded his wifes head upon
the floor and was surprised when she
succumbed to the performance. The
jurors heard the entire case from be-
ginning to end and know better. A |
strong attempt was made to upset DR.. |
McDonald's evidence and, although he |
did not go fully into the nature of all |
the wounds proved, he satisfied the |
jury as to the immediate cause of |
of the brain.
There was a dent in the womans |
forehead that could not have been
caused by the striking of her head
against the floor, although DR.. Nc
Donald did not give a special explana-
ton of that wound. Then there were
six marks on top of the head which
were not explained. A hammer and
part of a Ratchet were found in the
room, either of which might have made
these injuries. They could not have
been from humping her on the floor.
LAS regards generalization, what
about Kaawaloa's threats during the
day, his advice to the woman to get her
coffin, his murderous talk to her after
he began the assault and his boasting
after the deed?
Then there was the woman's pite-
Gus cry in death that it was all pau
indicating that the man had only too
well carried out what he had been
for hours before.
THE Bulletin talks about hope hav-
ing been expressed by many who heard
the trial that efforts would be made
for a communication of sentence. This
is untrue. There were not many, out
side of jurors and court officers, who
heard all, or nearly ALL of the trial. I
doubt if there We're even a few such
iisinterested spectators who heard
more than fragments of the trial.
II am satisfied that the verdict of
the jury was both conscientious and
Just Mr.. Crook made a splendid effort
TO save the defendant. His closing
speech to the jury was very impressive
and no doubt had much to do with de-
aging the verdict.
Next time there is murder trial
IN, L would suggest the Bulletin ought
o be asked to send UP the instructions
% the jury