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

9 aIbtSa S receiyed that frst shot when he
had the pistol in his hand, and ne oescr1oeo
it, and the parcel denecteo the snot' anu
then. with a convulsive movement ne
rhrew the package over TO where IL was
found. That is the only reasona PIE e1pia-
nation which occurs to my nina, LOT tne
| condition of the package ltseI1' ana LOT the
! place where il was FOUND. ,..
| Without further comment on TINS point
| hecause / am only touching INT NC
Allister having gone over SO
| Office 70 the transaction itself, merely CD
serving that the four who were not called;
| and v no were in the office at the Time. ana
| MIR. Wallenrod. who was where ne couId
| seeand vet was not questioned on the
| point am now describing, are virtually
witness 5 for the defense, and that Nj ssrs:
| Krioht Donahue and DR.. Blach are not
witnesses against us. 1t was an easy mat
| ter to put Mr.. De Young's pistol IN
! drawer. or if i, fell on the foor, 10 KICK
| il under the counter or under a uesK
| cATEcHIsM FOR BROKAw.
| AS for Brokaw. he is dead; l propose
Q..who killed Brokaw' AIR. Nc
Q.@Where did he kill him. A.-On the
Q.~How did he happen to kill him! A
| Because he was an experimental witness
| Odd he do it de, ignedlyE A.-Wll'
| fully deliberately and maliciously.
Q-What did he do afterwards! A
Held an autopsy over him.
The only thing that l can do is TO Sug-
gest an epitaph:
Here Les Brok&w.
Crows echo " cav cav
Jurors ohuckls "haW! haW!
Now, then, gentlemen, had Mr.. De
Young pistol2 | will summarize tns evi-
dence in very few words, and show you
why we claim here that it is incon -estab bly,
proved that he had a pistol.
First-He owned one, and 1t was natural
for hun to wear 1t.
Second-If he weighed fourteen pounds
more on The day of the shooting than when
he was examined a witness 1t would
have shown more then than 1t would now,
and Mr.. Maynard states that his coat was
twice buttoned.
THE COAT.
Now, with regard to that coat there is
very little left Tor ME to say. but wish to
make single suggestion. George l..
Reynolds most resp ctable tailor, who
has long lived in this city, examined the
coat and thought that it had been mended
in front-in the front part. How easy it
would have been. as my friend MI. Nc
up in the back. MIR. De Young may have
had some considerable taste in dress of his
own. Whether he has or not, he certainly
has com: in contact with gentleman, Mr.:
Maynard, who has devoted a good deal of
time and attention to that important de-
partment of human life. Mr.. De Young
tells us that this coat was made IN Lon
don-made by London tailor. Now the
fact was well enough where he left il, be
cause. if he had shrunk TO the extent
of fourteen pounds whether 1t was in tho
abdomen or whether it wcs in the breast.
or in both parts OF the person, of course.
on the 18th day of last November the pistol
would have shown much m re cOnSplcu-
ously than it would in this courtroom, and
in the particular light which prevailed
here. But even when that allowance is
made, it must, think appear to yoV gen
tlemen that the coat vas very bad tit. II
it was produced here in the same condi-
ton in which it was worn by Mr.. De
Young upon the day OF this shooting it
must have been an atrocious misf1t. 1t is
not natural that q man who had paid any
attention whatever to the subject of dress,
and particularly man who had taken the
precautiOn to buy his clothes in London,
because these San Francisco tailors,
against whom so many filings have been
thrown here, were not competent to make
them-it 10 not natural that man of that
would wear q coat that must have been so
utterly disproportionate to his figure as it
then existed as this coat produced here
must have been, if it has not since been
altered.
Then. of course. in connection with this
observation about the coat. you do not for
get am quite sure to consider the
ABSENCE OF THE BREECHEs;
Those breeches which seem to have be-
come inflated in some way and gone up in
the air and disappeared like one OF the toy
balloons of which there are so many
about San Francisco.
Il
saw the outline Of pistol, or what seemed
to be pistol, about haf-hour before the
shooting.
Gentlemen, shall not add to any extent
to the observations of my friend, Mr.. Nc
Alllster, with reference to the testimony of
Henry KOhler, He certainly was most
GGGrneIiy and unIustly dealt with by the
In this case. Mr.. Kohler's appearance is
that of young gentleman. a man of char
acter, q man Of breeding, a man of intelli-
IS 49,
been an acquaintance of Mr.. De Young
himself. He has visited his house and he
came here under a subpoena to testify to
what he actually saw. His replies were
was not touched upon cross examination
IN any way or to any extent. Mr.. Meal
hster has shown you that the remark
which was made by the District Attorney
that Mr.. Kohler could not have seen
whether Mr.. De Young had q pistol in
has right hip pocket or not. the outline of
Just, because he had q side view of Mr. De
Young; they were not coming face to face;
ana say, gentlemen, any attack upon the
character of Mr.. Kohler in connection
with his testimony in this case is unwar-
ranted by the testimony of that gentle
man. Is unwarranted by anything which
case except the statement of Michel H. de !
Dung himself and | would like to know
II you are independent. if you are manly,
II you are c. pablo. as | know you are. of
FEELINGS which govern and control human
beings in their
ESTIMATE OF FACTS.
Why you should hesitate for an instant
when such man as Henry Kohler and
such man as Michel H. de Young are
confronted with each other. as to which OF
the twn you will believe to which YOU will
give the credit due to an honest ana reIIa-
bic witness.
Mr.. Kohler then saw what must have
oeen the outline of a pistol, because il has
6een utterly unexplained here except by q
nat denial that there was any such pro-
tubsrance upon the hip of Mr.. De Young
as that to which Mr.. KOhler has testified.
What is the next piece of evidence show
ing that De Young had pistol !
Cameron told Diss that Mr.. De Young
nad pistol. and was in the act of replac-
ing 1t just before he entered the private
Ol nrfS, w VI ne was leaning against the
we have an attack upon Mr.. Diss a mean,
unfair attack upon that
young gentleman, who came into this
courtroom and testified with a degree of ]
candor which was expressed in his tones
and shown all over his face sustained by
All the rest OF the testimony bearing upon
believe Mr.. Cameron told Mr.. Diss on the
night Of November 10, 1884, that Mr.. De
I Dung was in the act of
REPLACING HIS PISTOL?
Mr.. Diss is the best kind Of witness. He
s a reporter of newspaper; a reporter
lot under the control or influence of Mr.
Do Young; in fact should Judge from
he way he, testified in this case that he
,r influence. We offered to put in eyi-
lence here the article which Mr. DiSs
wrote for the EXAMINER and published
he next morning, and that article was ex-
luded under the OBJ ection OF the other
ide. He saw Mr.. Diss in his reportoriai
apacity. He was gathering information
or the newspaper to which he was at
ached. He did gather it, and his wrote
tho basis Tvhi ob |