The Hawaiian gazette., 1907-11-19
AGAINST
LOWELL WAS
WEAK

Particulars were received here yes
terday, by the steamer W. G. Hall, o
the trial of Enoka Lowell. the Lihu
jailor, for manslaughter which resulte'
in a verdict of aequittal as reporte,
in the Sunday Advertiser.
Beginning on Wednesday before Cir
cult Judge Hardy, the trial was con
eluded with the verdict ut 10 o'elocl
Saturday morning. The jury was GU
one hour. Deputy Attorney Genera
". l. Whitney conducted the prosecu
tion, assisted py Messrs. kaulukou an,
kaneakua of the Kauai bar. W. A
Kinney of Honolulu, assisted by J. ID
White and j. II. Coney of Kauai de
Tended Lowell.
From sill appearances the failure OF
the prosecution arose from doubt mo-
removed as TO the cause of the vie
tim ; death. together with showing
made by the defendant that he acted
under considerable prov5sation anC
some degree OF menace toward him.
self when he kicked the japanese witt
whose unjustifable killing he va:
charged.
X. Iehikawa, who watched the trial
as a representative OF the Japanese
consul, Is reported as saying that the
Government did the best that could
be done in the circumstances.
For the prosecution japanese
named Kato and Korean, fellow
prisoners with Nishimura when he was
kicked in the abdomen by the defend
ant, and DR.. Putnam and Sheriff Rice
were the witnesses. DR.. c. B. Wood
OF Honolulu was also called TO give
expert testimony as TO the cause of
death according to the report made by
DR.. Putnam. Witnesses for the de-
Tense were Peter. the assistant jailor,
and the defendant himself, together
with Hans Isenberg, S. ". Wilcox and
few others, called TO testify of
Lovell's previous good character and
kato told OF the trouble on Septem-
Der 5. when ne went with Nishimura
and the Korean 10 the jailor's house.
They went 10 make complaint about
the cooking OF the rice served TO the
prisoners One by one they were as
Saulted by Lowell, kicking the three
OF them. On the following morning
Nishimura died.
On eross-examination kato said that
the rice they complained about was
the same as what was cooked the even
ing before Their purpose in going to
see the jsilpr was TO get money from
hun TO buy coffee and bread.
\ similar story was told by the Ko-
rean prisoner. except that on eross-ex-
animation II developed that prior TO
the fatal incident he was a candidate
for the position OF cook at the Jail
The others wanted him TO be cook, but
a Porto Riean was appointed instead.
de was not sore about being rejected,
the office. Il came out, also, that he
was serving sentence OF three months
for aSssuiting 3 policeman
DR.. Putnam testified TO having held
an autopsy on the body OF the victim
be said the cause of death was acute
DeritonitiS. Whether il was the result
IF the kick in the stomach given by
Lowell he could not positively state.
Lowell had told the doctor that he
aad kicked Nishimura in the stomach.
Answering Judge Hardy the doctor
said that If he had not heard from
The jailor that the latter had kicked
he man be would not have known that
such an set OF violence had caused the
iezth. There was no exterior bruise
md il was the first time he had come
across such ease. In answer to Mr.
Kinney he stated that peritOnitis usual
Y took forty-eight hours TO prove fatal
Sheriff Rice. who was present al the
autopsy. saw no bruise on the body
DR.. Wood 5 testified opinion was that,
rom the written report OF DR.. Put
lam II was impossible 10 say whether
he kick was the cause Of the acute
Deritonitis-
Enokz Lowell, taking the stand on
rs OWE behalf. said that at O'Clock
n the morning OF September 8 the
hree prisoners came TO bis house and
demanded money from him. They said
hey could not eat the rice '.This Is
o time 70 cook riee.'' he replied 70
hem: wait until nOon-f He order
4 them hack 70 work but they refused
o go. and then he told them they |
o back 70 prison
At the time the jail gang was work
az at Mr.. Spitz's place opposite the
ziloT 5 house
When the prisoners said again they'll
7ouli not 90 10 work Loven proceed
4 70 kick them out OF his house
Fhenever these three prisoners made
reasonable request he ALWAYS complied Il
nth II. bit when they made an IN
essonzble demand lie had 70 deal with
! accordingly
On the occasion IN question they had
troublesome appearance and be took
Q chances with them
Mr.. Kinney. IN his argument 70 the
NV, OF the lsst-mentioued statement
{ the defendant said that If Jailor
ovs1 had allowed the trio of eonviets
D do him up he would have been re-
arded By the public as BANKED fool.
Lowell ssid he was born az Aoloa,
lanai. and was Il years Of age He
id been jzilor for fifteen years. serv-
q under four sheTifs. and had never
zd zny trouble until now
Judge HARDY, IN charging the jury.
ave TIE usual instruction that . YER
let for 3 lesser oFense than that
bzxged- which was mzaslsughrer II
be first degree. down TO common as
szlt might be returned
AN INFALLIBLE REMEDY
No matter no. severe an attack Of