The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-10

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successfully brought me over this trouble
If you remem Der there was little mucuI
back of the ear drum while was in New
York. am glad to say there is none what nat
ever now" And in a postscript TO this let
ter he says: . regret to say that the ear
rope by way of China and
Japan was in April, 1892. more than two
years after the accident and his history
since then. so far as IL is pertinent 70 this
causes with which 1 shall soon have to
deal that / fOrbear to make any further
illusions to it at thispoint Of my argument.
Out OF faithful regard to my own per
Sonal interests / shall touch very
little. 1t was singularly lucid and free
from paraded learning. but it is too long 70
ordinary lawyer like myself. The testi-
mony should have fallen TO my learned
friend and colleague. Mr.. Taylor. who has
covered himself with honor in this trial by
proving that a man may be able and
Eh rough in two professions. The in
production OF the skull, however, L cannot
altogether pass over. AS soon as found
out that the entire trial down 10 the argu-
ment was to be in the hands of private
counsel l was prepared fJr novelties, and
we have 81 enough II them; reiterated
discussions of Decided questions OF law.
the constant lnLrusiOnS or statements OIL
fact and of EXPIRE sslOns of opinion which
were sides no part Of the issue the fire.
oueEt comments upon one part of the de-
ticipatOry criticism Of guilt-an these are
novelties in ordinary practice and strikingly
original in the presentation OF case on
behalf Of the sovereign people Of a great
state. in my young days they would haVo
been called
PERSECUTION AND NOT PROSECUTION,
And on a trial like this would have been
regarded as a wanton multiplication OF the
outrages viii h the prosecuting witness
had inflicted upon the defendant and his
relatives. | feel very confident that they
were neither wise nor polite. as they APP
parently were not Just, in this inyestiga
ton, which, as 1 have sid more than
once, is not between Mich ell II. de Dung
and Adolph Il. Spreckels or between
Michael II. de Young and Claus Spreckels
or the Hawaiian Commercial and sugar
Company, but between the people OF the
State of CalifOrnia-an unpreI udiced and
dignihed commemorative the one side
and the defendant upon the other. 2And
though Michael II. de Young may desire
revenge or notoriety or an Endorsement of
personal journalism, under he guise of
protection to his person, the state wants
none. SThe defendant is one of its citizens,
liable to the same duty which the law has
devOlved, gentlemen, upon you; and the
State does not design TO call him an out
law or to punish him Tor a crime he never
committed, merely for the qualification OF
MIR. De Young even if that individual has
secured the apparent control of this prose
cutiOn. 1t would be abhOrrent to decency,
10 justice, to the tenor of our judicial
institutions, to the Intelligence and TO the
honor of the American people if any
man could use the State to sub
serve his own purposes; and L Will
venture to assert that while his Honor sits
on that bench and that while twelve clti-
Zens as reputable as yourselves remain
and occupy seats in that box, no such per
version OF law can be accomplished in this
courtroom. A fair trial can only be APP
proximated where there Is both thorough
competency and right disposition: not only
In the Court and jury, but IN all parties
concerned, and the time always comes
when the cod law Is delivered from the
bench and the cold facts submit ed for
ultimate decision, and hen imagine the
mistakes of both sides are usually cor
rooted, and undue heat displays OF pre-, u
dice, weak indications of vindictiyene9s,
ever 1Iement that De- @ctS rom od Inc IN
grained love of truth and \ mari q
pirations for justice that shoull- H-"oHoi
forensic controversy in which persE a.
liberty is at stake react upon those from
whom they emanate. But the incident OF
the skull was unique. ! suppose that the
bony structure was real. although L do not
know the fact. Or. Plummer seemed TO
recognize il. he handled il with familiar
ity that led me Ior an instant to suspect
that he had seen 1t before. Then II oc-
CURED to me that IL might have come from
one of the patients of some doctor re-
served by the State for the rebuttal. At
all events my interest in tho o
CHEAP MELODRAMATIC EFFECT
1t was intended to produce became merged
in the question of its identity. 10 what
great division of the human race did 1t
Belong! Was it Semitic or Aryan, eau
reflection-thC headpiece or, one OF the |
starved slaves of Hawaii! IL did not |
strike me as fair illustration OF the de- |
PENDANTS head, and we know from Dr. |
Murphy's evidence that there are strange |
freaks in the human body; that even the |
subclavian artery may sometimes be found |
In the wrong place.
HABIT once b-ing of ethereal spirit full.
Of hos Lyyrll af
that Fellow OF inuniLe jest. of most eX- |
celient fancy" who bore Hamlet on his |
bal k thousand times.
Or, horrors of horrors was 1t possible |
that it could be the skull of a lawyer, of |
some defunCU counsel Tor the prosecution
in some forgotten struggle against purulent |
journalism. Ii so, where De his quidits |
now, his outlets, his cases, his t1nures |
and his tricks =
Or, remembering that the skull at one
time had a tongue in it and possibly could |
sing once. it might have been the pate OF
a politician" Of some asplrant Tor Office
under d former Administration. l will |
not add in the words OF Hamlet:
Which this ass new o'erreaches; one that could |
circumveuG God
In queries and reflections like these l |
lost many of the details OF DR.. Plummers
exposiUoTy lecture which was dragged |
from him by the inquisitiVeneSS OF the |
examining counsel. But In all serious
ness, gentlemen. 1 think we derived much |
useful in orm ,tiOn from that lecture about |
a le ding point on this branch Of the case,
viz, the exquisite harmony of the orbit. |
the overwhe ming evidences of design in |
the cOnsir..CtiO of the inner parts II the |
human head. Their close relation to and
attendance upon elch other. Dr. GUNNER |
show ed you the brain ana ne middle ear |
are separated OtIy by q scale or plate OF |
bon. and some lines only by mem crane |
of structure so JuIn that when he plabed |
the point OF a tOUthpiCk on the inside III |
the specimen betol ann 1T was seen to be |
Rlmo t transparent. And the IncIsIons
which were in de were intended TO creaJe |
an outlet for pu5 from the middle cavity OF |
the middle ear and thus prevent 1t from
affecting the brain, which Is mt wholly !
cover, d even by TINS hin plate OF bone.
pages oil and o. After he doctor had
testified that n. had treated the defendant
for ear trouble ten or twelve times since
his return from Europe. you have been
amused Uy the effort of counsel TO prove
that
YACHTING IN THE COLD WINDS
Which prevail in the bay of San Francisco
was Injurious and risky; as if the question
here was not the difficulty itself, but the |
circumstances by which it might have been |
aggravated. W Q met this attempt, how
ever by the testimony of Claus SpreckelS, |
of William Center. of lsidOr Cutie and
others, who swOre TO the great care which
the defendant took OF himself on his yacht
ing expeditions by the use OF cotton in the
ear and ear-tiaps, which Or. Plummer said
were a complete protection. tPage 3 g.
i should say that exercise IN the open air
was more healthful even for a sick man
than letting out purulent editorials in the
fetid atmosphere in the office of personal
journal. But the learned counsel in their
desperate efforts to find trivialitieS, If they
could not find any other answer to the sub
stantial parts OF our defense, insinUated
before you that the defendants hearing
had, perhaps been deranged by the nring
of pistols in close proximity t.
the ear. One would have supposed
from their cross eXa minatiOn that
he was a cannoneer. and when
Judge Campbell mentioned the conclusion
from various loud reports. did not know
but what he was going to supply an origin