15 Haw. 510 | Haw. | 1904
OPINION OP THE COURT BY
The defendant is charged, by indictment, with the murder •of one Kane Yamanaka, a Japanese woman, in the District of Waialua, Island of Oahu, Territory of Hawaii, on the 18th day of May, 1902. The jury returned a verdict of guilty of murder in the first degree and the Court sentenced him to be hanged by the neck until dead. The cause is brought to this Court by bill •of exceptions.
There are only three exceptions set out in the bill. The first ■one was taken to the ruling of the court on an objection to a •question on the ground that it was leading. The question asked a witness for the prosecution was, “Were you or were you not present when the doctor examined the body” ? A. “I was not present.” This exception is not well taken. In view of the answer the question was clearly immaterial and the exception seems to be frivolous.
The other exceptions present the same question in different
It appears from the evidence that the deceased for about a year prior to her death had been living with Yamanaka, a Japanese store-keeper, at Waialua, as his wife without having been married according to the laws of the Territory, although she had taken his name and that the defendant was in the employ of Yamanaka and had been in his service for a year past; that the 18th day of May, 1902, occurred on Sunday, and that the deceased and defendant, at about 2 o’clock in the afternoon drove away from Yamanaka’s store in a one-horse cart, the former responding to an invitation of a neighbor, residing a few miles away, to attend a child’s birthday party and the defendant was sent along as driver. The defendant while at the party imbibed rather freely of saki and became somewhat intoxicated. When ready to start home the deceased asked the defendant to permit Saito, whom she had met at the luau, to ride with them in the cart. The defendant refused, saying that three persons could not ride in the cart, whereupon the deceased declared that she would not ride but would walk with Saito and started off with him. The defendant drove on alone in the cart for a time and then waited for the deceased and Saito to come up to him, when he again insisted that the deceased should ride with him and when she refused he forced her into the cart and the two drove away in the direction of Yamanaka’s. Fujikawa whose house is on the public road 'about one mile from Yamanaka’s and between there and the place where the defendant compelled the deceased to get into the cart, testified that he heard loud talking in the road in front of his place about 9 o’clock p. m. and went to the door and saw the deceased and the defendant passing in the cart; that a few minutes later he heard the deceased cry out “help”, “come and help”- — and starting to go to her assistance
The defendant was taken into custody a short time afterwards- and the deputy sheriff who made the arrest said that the defendant was under the influence of liquor when arrested; that he asked the defendant “Why did you kill Tamanaka’s wife?”' and he said “I no care wahine no pololei, he and that wahine Tamanaka been before and today she ran away with a Japanese named Saito so he got mad and that is why he killed her.” The defendant also g'ave the officer a blood-stained paper in his own hand-writing presumably the joint will of the deceased and the defendant in which the defendant admits the killing. The defendant had a gun when arrested and also had a cut on the neck that was probably made with a sharp-edged instrument.
The defendant being the only witness who testified in his behalf said in explanation of the death of the woman: “I and
In view of the confession and admissions and the uncontra-dicted testimony of the doctor to the effect that the wound on the deceased could not have been self-inflicted the theory of suicide is entitled to little if any credence. In the light of the evidence we cannot say that the verdict of the jury is contrary to the law or that it is against the evidence and the weight of the evidence. On the contrary the evidence amply supports the verdict.
There may be features of this case that will appeal to executive clemency and constrain the Governor to commute the extreme penalty prescribed by the law for the crime of which the defendant was convicted, to one of a lesser degree but this