Shimonaka

Defendant was accused of the crime of murder and was found guilty of manslaughter, the jury recommending him to the mercy of the court. Defendant’s motion for a new trial was denied by the court and it thereupon sentenced him to be imprisoned for the term of four years.

1. Defendant and deceased, Hikotaro Tenouye, Japanese laborers, were working on a ranch near the city of Stockton, being farmed by another Japanese, named Tos aka Noguchi. About 8 o ’clock on the evening of June 8, 1910, they were in a so-called bunk-house where, with some other Japanese, they lodged. They got into a verbal controversy over the trifling' question as to how many pounds constituted a load of hay, which led to an encounter but neither being injured. The bystanders separated them and defendant left the bunk-house. So far as appears, nothing had occurred, before this affray, to arouse a feeling of hostility toward each other. They had been acquainted only about three weeks. After defendant left the room, Tenouye sat down for a minute or two and then got up and followed after defendant, remarking, as he left, that he was going to “hit” defendant, but this was not said in defendant’s hearing. Tenouye had…