Kamaunu

The defendant was convicted of the crime of murder in the first degree, and sentenced to be hanged. He was charged jointly with one Liloi. During the trial the charge against Liloi was dismissed under section 1099 of the Penal Code, and Liloi was called as a witness against Kamaunu. Witness and Kamaunu were natives of the Sandwich Islands, and spoke English very imperfectly. They had been employed inputting wood, and lived together. They had finished their contract and had just been paid off. There was evidence tending to show that one of them, on the day before the homicide, had purchased a chicken from the deceased. She was an old lady who lived by herself. On the morning after the purchase of the chicken she was found at her gate dead, and some circumstances pointed to defendant and Liloi as the murderers. When sworn, Liloi stated that Kamaunu had purchased the chicken *612 from, deceased, and told him that he believed she had money in the house, because she promptly produced change for a gold coin with which he paid for the-chicken. He stated that during the day they drank wine together, and that at night defendant was absent, from their cabin and witness went to bed. That…