The Queen v. Ah Kiao

Opinion op the Court, by

Judd, C.J.

The defendant was indicted at the Circuit Court of the Fourth Judicial Circuit in February last for the offense of malicious assault upon a female named Hana, with intent to commit rape, at Hanalei, Kauai, on the 18th of May, 1891.

The Circuit Court was convened on the 9th of February. The defendant took out a subpoena for a witness, Dr. Mitamura, on the 10th February, which was served upon him on the 11th. The case was called for trial on the 12th.. The desired witness for the defense not appearing, the attorney for the defendant, W. 0. Smith, Esquire, moved…