The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-11-18
CASE AGAINST LOWELL
Continued from Page One,

CONTINUED from Page One.1
of them. On the following morning
Nishimura died.
On cross-examination Kato said that
the rice they complained about was
the same as what was cooked the even
ing before. Their purpose IN gong 70
see the jailor was to get money from
him to buy coffee and bread
A similar story was told by the no
rean prisoner, except that on cross-ex-
animation it developed that prior to
the fatal incident he was candidate
for the position of cook at the jail.
The others wanted him to be cook, but
Porto Rican was appointed instead
He was not sore about being rejected,
but the others desired him to have
the office. 1t came out, also, that ne
was serving a sentence of three months
for assaulting policeman.
DR.. Putnam testified to having held
an autopsy on the body OF the victim.
He said the cause of death was acute
neritonitis. Whether it was the result
of the kick in the stomach given by
| Lowell he could not positively state.
Lowell had told the doctor that he
had kicked Nishimura in the stomach
Answering Judge Hardy the doctor
said that if he had not heard from
| the TAILOR that the latter had kicked
| the man he would not have known that
such an act of violence had caused the
death. There was no exterior brulse
and it was the first time he had come
| across such ease. In answer to Mr.
Kinney he stated that peritonitls usual
w took forty-eight hours to prove fatal
| Sheriff Rice, who was present at the
| autopsv. saw no bruise on the body.
| DR.. Wood s testified opinion was that
| from the written report of DR.. Put
| nam. it was impossible to say whether
the kick was the cause of the acute
| peritonitis.
Enoka Lowell, taking the stand on
his own behalf, said that at o'cloef
| in the morning of September the
three prisoners came to his house anC
demanded money from him. They sale
they could not eat the rice. This i
no time to cook rice, he replied II
them: s'wait until noon.' He order
ed them back to work but they refused
| to 90. and then he told them they
would either have to 60 to work o
90 back to prison.
At the time the Jail gang was work
ing at Mr.. Spitz's place opposite IN
| iailor's house.
W6en the prisoners said again the,
would not go to work, Lowell proceed
ed to kick them out of his house
Whenever these three prisoners mad
reasonable request he always complies
with it. but when they made an un
reasonable demand he had to deal wit
; it accordingly.
On the occasion in question they ma
troublesome appearance and he too
no chances with them.
: Mr.. Kinney, in his argument to tn
; Jury. on the last mentioned statemen
of the defendant said that if Jailo
Lowell had allowed the trio of convict
, to do him up he would have been re
, garded by the public as BANKED foo
: Lowell said he was born at Molos
Kauai, and was Il years of age. h
had been iailor for fifteen years, sery
ing under four sheriffs. and had neve
, had any trouble until now.
Judge Hardy, III charging the jur1
+, / gave the usual instruction that vel
diet for a lesser offense than tina
charged. which was manslaughter
a the first degree, down to common a:
sault might be returned.