The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-08-09

mony OF Michiels. heard that portion
relating to the presence or absence OF
All Choy in the store on Friday. l was
in Mr.. McInerny's store at , o'clock that
. afternoon. Michiels' store was in full
view. l saw All Choy enter the store at
+ , O'Clock. He staid there about FIVE
minutes | heard AIichiels testify that
( he left his store at 40 to 90 to his room
/ and then went to Marcos house. l saw
Michiels coming from the corner OF Fort
and Merchant, and go to the Post Office
and post a letter. 1t was between
twenty minutes past and half-past.
knew it was Michiels.
Horatio Barber. sworn, stated: l
know Charles Michiels by sight. 1 saw
him last Thursday or Friday afternoon
with another gentleman. The other
gentleman was carrying valise.
The Hon. Paul Neumann then made
the closing argument for the defense.
/ He claimed that the prosecution had
failed to make out case against the de-
PENDANT. He thought that the ex-Mar-
shall and the Attorney General had been
Inislead in this case by persons who on
the stand had perjured themselves.
These men had gone after Micihels with
a motive either OF revenge or gain. Not
one particle of evidence had been offered
to connect Michiels with the possession
of the opium. He could not help but
mention that in every opium case the
name of Wong Tai Poon came up. That
name stinks in the nostrils of justice and
truth. The ex-Marshal (AIr. Soper) has
been deceived by two of the most edu-
Gated scoundrels ever put on witness
stand. He claimed the Court could not
believe a word Ahuna had said All
Choy was patriot taking the place of
Wong Tai Pooh, and had come from
Kau to do it. These two Cinnamon
were carrying on a wicked conspiracy.
He had never known case here where
such fimsy evidence for the prosecution
had been shown as in this case. There
was nothing to show that Michiels
was in the store when All ChOy was
there. The time plays a great role in
this case. The whole case from begin
ming to end is a tissue of falsehoods on
the part of Ahuna and All ChOy. He
claimed there was not particle of proof
to commit the defendant on the charge.
The prosecution must prove that the
otfense had been committed by the de-
PENDANT and no other person. A guilty
j u.
that must be proved. There was not
shadow of ownership traced to the de-
PENDANT only by the two Chinese, whom
he claimed had committed perjury. A
mere preponderance OF evidence was not
sufficient to convict. Any reasonable
doubt which might exist in the mind of
the Court should be given to the defend
ant. His Honor sits as Judge and jury.
He did not believe the prosecution had
made out case and claimed the de-
PENDANT was entitled to an acquittal.
Mr.. Neumann spoke just one hour, and
his defense, which was delivered in
very able manner, was closely listened
to. In reviewing the evidence of the
prosecution, he quoted from Saturdays
issue of the ADVERTISER, where the evil
dence was given in full. He used it, he
said, because it was very correct.
His Excellency the. Attorney General,
Mr.. Dare, for the Crown, said there had
been dignifed inquiry by the authori-
ties into the transgression against an
established law. He reviewed the en-
tire evidence and dwelt particularly on
the point of Mr.. Soper seeing Michiels
going to the Post Office on the afternoon
of Friday, when evidence had been
given that he was elsewhere. He did
not intend to accuse persons OF being per-
jurers, but merely to point out discrep-
ancies. He claimed the prosecution had
established the charge-the defendant
having the opium in possession. The
counsel for the defendant had referred to
cases of a similar nature, which had no
bearing to this. If he (the Attorney
GeneraD had mentioned all the rumors
he had heard about the defendant, he
could have piled such a wall around
him that would completely bury him.
The benefit of doubt must rest upon
the evidence He claimed that there
was absolutely no defense. If the de-
PENDANT was guilty, let the strong hand
of the law fall upon him even if he were
a king. If not guilty, let him go forth
innocent as if the poorest beggar that
walks the streets. The Attorney Gen
eral spoke forty minutes and was very
clear and forcible in his remarks, going
thoroughly into the evidence.
His Honor Justice Bickerton said he
had taken careful notes of the evidence,
and given the case his closest attention
throughout. The counsel on both sides
had given him authorities to cite, and he
thought he would be prepared to give
judgment in the case on Wednesday