The Hawaiian gazette., 1915-06-22
CH0(K HOO WIFI. .
"HSEtkNtNtRIA[
Was Indicted For Murder and
4 cohvictedscf Lowest Degree
gotMansIaushtet q Is
(FrCm Monday Advertiser. }

JN'yg "NNBN hShiVHu Wv lSlOH VI
the circuit court, last Thursday, of
Manslaughter in the third degree, fled
a motion Saturday, for a new trial.
Chock Hoo was inflicted for the muir
der Of an eight year-old Chinese boy,
charged to have been committed on
the eleventh of last April. a 1t was
claimed by the prosecution that the
deceased was playing in the store Of
Chock Hoo, with his son, and that the
boys continuing TO play there, after he
had ordered them to leave, Choek Hoo
picked up n heavy lumber stool, and
struck the deceased in the head, in,
fiicting upon him injuries from which
he died four days later.
Contention Of Defense
The defense commended that the de-
ceased came to bis death by falling
over the stool and striking his head
against IL, as il lay len0thwise on the
floor, when he was running at full speed
From his playmate, and there was eA-
pert Testimony offered to support the
theory that the injuries were 80 caused.
The Jury after being out FIVE or
more hours, returned what appears TO
be d compromise verdict, finding Chock
Hoo gritty Of the lowest degree OF
homicide. tEi
In his motion for a new rial, fled
by his attorneys, w. T. RawIins and
A. $. Humphreys, Chock Hoo gives
evenly two reasons why the verdict
against MIN should tie disregarded,
among which was the refusal of the
court 70 instruct the jury that he
should be either acquitted or convict
ed OF murder IN the first or second de-
gree thefe'not being, as he contended,
an element Of manslaughter in the case.
Instructions of Court
The court, at the request of the pros
ecutioh, declined to give any instruc.
ton with reference to murder, but did
instruct the jury with reference to
granddaughter and assault and battery,
To Attacking this instruction, ChOck
Hoo says that 1.-THE court erred in in
structing the jury with reference to
the crime of manslaughter, over the
objection and exception. of defendant,
aptly rnadr, because the indictment
charges an atroeious murder to have
been committed by defendant, and be-
cause the evidence upon which the
prosecution relied for a conviC ton, the
theory Of the case entertained by the
prosecution, as illustrated by said evi-
denee, and the. argument Of Frank +.
Thompson, counsel for the prosecution,
said Thompson SAYING in his argument
. among! other things equally as sugges'
tive; that defendant had committed a
cold blooded mprder: When man
wants to commit murder, he does not
GO out in the street and do so in the
presence Of witnesses, but he resorts
to secrecy. Here we have the wife of
defendant washing up the blood stains
In the store Two little boys were
playing around the store. The father
told them not to play in the store,
but they eohtinued To do so, and de,
PENDANT becoming incensed, got up and
ne the little boy in the head with
the stool We could not ask for stronger
evidence, unless we had the confession
or defendant, and II ne had made a
confession, Judge Humphreys would
| come in here and try to prove that he
was insane When he made it. 1t has
gotten so in this community that when
murder, he first inquires-is Judge
! Humphreys stiIl alNe2'"
! Abstract Propositions
nOCh 100 lHEJnST COHJtUuB Tia
"all of the instructions of the court
to the jury on ma slaughter were in
structions on abstract propositions OF
! law having no applicability to the
evidence in the case and tended to be
| fuddle and confuse the minds of the
| jurors, and was a license to them tC
explore the fields of conjecture and
speculation, at the expense Of defend
ant, and to return what is commonly
called compromise verdict against
him, regardless of the evidence
Cboek Hoo also complains of the
attitude of the court, and in asking
for new trial for this reason, ht
says that repeatedly during the prog
ress of the trial, as shown by the stem
Ographer 3 record, the rulings of the
court on objections made by defendant
to questions propounded to the wit
nesses, as well as its rulings ON Other
matters which arose during the prog
ress of the trial, took the form of an
mattel argument, so interspersed with
comment on the evidence and with in
ferences springing from forensic ar
dor, as to create an atmosphere of pre-
iudiee and hostility against defendant
which pcrmeated the jury box, and
which resulted in HIS being convicted
of the comparatively trivial crime OF
manslaughtor in the third degree, in
spite of the fact that the evidence
shows that he was either Wholly limo
cent, or guilty of murder in either the
first or second degree for killing al
eigbt.year-Old boy by beating in his
skull with a heavy stool, upon the
merest pretext of provocation, evincinE
a wicked and malignant heart, devoid
OF social duty and fatally bent or
mischief -
Dangerous Precedent
As a final reason why the verdict
should be set aside, ChOck Hoo de
cIareS that "tO permit the verdict OF
the jury in this ease to stand, woulG
be to offer as an incentive to the com
mission of ld-blOoded murder, incon
sequential punishment, and to strik'
down those barriers and safeguard
which the wisdom Of ages has devised
for the protection of the innocent. "
Chock Hoo will come up for sentenc,
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