The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-06-15

SIR. NIcAlnster-I understand that nc
Sordlng 10 the gentlemans idea they were
not offensive.
Mr.. Campbell The counsel is here as
Stunning that there were articles in the
Chronicle OF that character
Air. Hignton-I ob- eot TO me statement
OF counsel.
Mr.. McAIu teri viii amend the cues
ton. Had you noticed, Mr. Walter, any
change IN the demesnor OF Mr.. Spreckels
since you had rrst known him lid you
speak with nlTn IN re- eTence TO ths cause
Of that change, and il 20 what passed upon
thai sub ect! Al noticed a change IN
Mr.. SpreCkels g few days before the 18th
OF November, subsequent to the publish
ing OF some articles which read. / had
no conversation with MIN in reference 10
the articles, tut with some mutual friends.
His whole general tone hs6 changed.
Mr.. SpreCk3 es previous TO that date had
always been IN good humor. He had al
ways been bail fellow well met and lively
l. and ali that sort Of thing and he came into
my office that day and noticed an entire
change IN Eisapl earsnce and he appeared
TO be moody and thinking of something.
That was ,itber the Monday or TUESDAY
following the pub iCstion Of these articles
the first lime / had seen him after the
publication.
CROSS EXAMINATION OF ". ,. WALTER.
Mr.. CamDSell-Q.-Ho long have you
known the defendant A.-About year
and nine months, sir. speaking from The
present time.
Dir. Campbell During the year pre-
innate terms with him. Al was.
Q.-How often were you in the habit of
meeting on kearny street and paradingl
Ave were not in the h. bit OF parading,
bat we were in the habit of walking Kear-
ny street most every afternoon.
Q.-For what purpose were you in the
habit OF meeting daily on kearny street
and walking up and down kearny street
A.-For recreation and seeing our friends
Q.-OR this particular day had you made
any engagement to meetiSpreckels! A.
No, sir. | was told he was up there by .
mutual friend of ours. He Said DOlph was
up the street and you will meet him.
standing on the corner Of Geary and
Kearny talking 70 a gentleman friend,
Raphael w eill. think. He passed some
remarks to me a. l Joined him, and We
stTOlled on together. AS l met him he
said. - l am going down your way. Come
along" and then We walked TO Nor
came out of the Elite saloon. I
have no recollection of what we were
talking about then. i said to MIR.
Spreckels as Mr.. De Young swung out OF
the Elite saloon chat / had noticed very
peculiar thing. l referred to when no put
his hand in his pocket and Mr.. Spreckels
turned to me and said. What is it, and
said l will tell you some other time. l
didn't care to make any bad feeling. I
never mentions Mr.. de YOunR's name at
ali. / suppose he had on four -buttoned
out way. | didn't pay attention to the
buttons, but it was cut that way and he
had il buttoned up, and no had ps ckaRe
unQ6r MS arm, anu ne ran MS InkSIS
bly, under his coat and he unbuttoned all
! but the top button and put his hand in
/ his pantalo ms pocket very quickly. Then
he went right along IN the direction or the
! ChroniCLe office. No one was with him at
the time He walked at 8 pretty good
gait. We walked our usual gait and the
| distance between US remained tho same.
| We did not follow him. We walked along
| and no was in front of US. The conversa-
! ton alluded to took place just before We
got to Bush and Kearny streets;
i toward the Chronicle ofiCOl A.-No, sir.
! ] went about six feet from the curb, and
realized that NJ had not been invited to be
! going to have it with Mr.. De Young. and
! stopped short and turned on my heel and
went toward home.
was not going to make - fool OF him
self A.-NO. he did not say that. He
said, " l have no such intention. in answer
to my question whether he was going to
make q - fool of himself.
! Odd he make any movement at that
time that indicated that he was going to
make = fool of himself! A bso,
my mind that he was going into
that office for the purpose Of POINTING out
TO AR: De Young that these aTticles were
did not tell him that. but wanted to be
| positive that my Judgment was correct,
and that was the reason l asked him. ana
his answer assured me that he had no
such intention. He certainly was very
pacific when he was with me.
Q.-The reason you asked him II he was
going to make - fool of himself was
that you supposed he was going there to
rarnonstrAts with Mr. he YounGl A.
That WAS what it appeared to me nd
wanted to be convinced that | was +. mt in
I my judgment and l asked him tina iues
ton. That was my idea gathered from his
| demeanor
A NEGATIVE WAY or CONFIRMING.
Odd you think he was going 20 70
1qT7gf tElf mis- lta41 m.
such idea. absolutely none. If | had he
would never have gone into the Ch2o4tcLe
Office il his demeanOr had indicate ii.
making a - fool Of himself NJ
simply took that mode OF cOnfrmirg my
own judgment as to whether he was going
Dwell. what did you say that to him
fore A.-Simply TO find Quit was neg
alive Uay-a negative way might ainost
say of confirming something. L made up
my mind that he was going in there for
tbs purpose OF expostulating..
Q.-An indicative mood of confirming
something you made up your mind that h9
was going in there for the purpose OF ex-
postulationl A.-Yes. sir.
That will do then; that is all.
! Tho Witness-One moment. Mr.. Camp
! bell. l would like to explain my idea uf a
negative way OF confirming something
Mr.. MCAllister-Go en- and MAKE your
| explanation.
The witness-Had asked Mr.. Spr,cl. els
| whether he was going into the ChIu.sfrIe
! Office to expOstulate with Mr. De Young
! and he had told me yes" [ would up
! pose that was a positive way of co firm.
| ing something. But the simple fact tbst
! put the question in another form and
asked him if he was going to make a -
! fool of himself, l considered that a mega
| tive way of confirming my Judgment. and
that was the reason put it to him.
Mr.. McAllister-You mentioned s-mc-
thing here which you did not menti "a on
your direct examination. You e, jt Y. Il
noticed something and that you wen 81 tell
him hereafter about it'll! A.--1haf " az
about this Mr.. De Young putting his naHd
in his pocket.
Mr.. McAllister-Do you mean 20 say
that that referred to this motion that Mr..
De Young made as he came out o. the
Elite saloon! Ayes. sir. and wouldn't
refer to, and Mr.. Spreckels wanted to
know what it was that 1 wouldn't tell
him.
Mr.. MeAIlister- Well. you didn't snow
whether Spreckles had seen that IA ton
or notf A.-No, sir; did not asa him.
That was what referred to.
Mr.. Campbell 49, After the sh cling
where did you go? Did you go iu The
Chronicle office A.-The MON ut
heard the first pist shot l said. b. my
Chronicle Office. I was 6ty feet down
the street, que IS Then | went 20 the
Chronicle office. l stayed there anti he
went out in the alley, and Mir. - sakels
turned around To me and said. "BIly. I'm
shot. Go for DIR. Plummer,' ana went
for DR.. Plummer, and / SAID t iir. Plum
mer, There has been a shooting a air in
the Chronicle Office and Dolph Is hurt"
Q.-Gou did not see any part OF the
shooting! A.-NO; absolutely none, sir.
The Court-Where were yuu, Mr..
Walker. when you heard the shot tredl
Al think some Hlty feet lrth Of Bush
street. l was walking very slowly To ward
the car, and when I heard the SIN that
was the first thing that suggested Itself to
me was that DOlph was shot.
TUESDAY MORNING, Jane 2d. - ON