The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-04-08
THE POST OFFICE ROBBERY.
second Trial of ThOs B. walker in
the Supreme Court.

MCCully. The following jury was EN-
panelled: L. Way, 7. @. Thrum, W. F.
Allen, f. o. White, E. c. Rowe, Ct.
West, c. H. Pfeifer, E. c. Hebron, w.
c. Wilder, J. G. Spencer, Godfrey Brown
and J. Z. Wiseman.
w. f. Allen asked to be excused as he
had formed a positive opinion, and felt |
he could not sit impartially. Excused,
and q. T. Mclean was called He |
asked to be excused on the ground that |
he had to take charge of a store. His !
Honor said ne could not regard that as
an excuse.
J. E. Wiseman said he had talked a
great deal about the case, and his office
was rendezvous where great deal OF
talk went on. He doubted whether he
could sit fairly. He had expressed an
opinion many and many a time. Ex-
cused, and r. Stirling substituted.
w. c. Wilder thought he should be
excused as he had expressed decided
opinion. Evidence might remove it. If
the evidence in this case was the same
as in the first trial, his mind was made
up. 1t would require new evidence to
remove his opinion. Under the circum-
stances the Court excused Mr.. Wilder,
and Mr.. T. NJ Starkey was substituted.
! J. @. Spencer said his situation was
| similar to that of Mr.. Wilder. Excused,
Frank Brown was called, but he did
not appear. The Marshal stated that
Mr.. Brown had telephoned in from Wal
kiki to say he was sick. The Court said
it was not usual to excuse on telephone
messages, and it would be necessary to
inquire further into the matter. A.
Sheppard was called.
Godfrey Brown said he had read the
evidence in the former trial and had
drawn his own conclusion. He would
use his judgment on the evidence to be
submitted.
Mr.. Hatch challenged E. o. White,
and Clerk Poor called A. Young, Jr.
There being no further objections, the
oath was administered to the following,
who comprised the jury: L. Way, T. G.
Thrum, A Young, Jr., G. West, E. c.
Rowe, c. H. Pfeiffer, G. T. Mclean, t
NJ. Starkey, A. Sheppard, r. Stirling
Godfrey Brown and E. G. Hebron.
His Excellency the Attorney Genera
and Major Rosa appeared for the Grown
and Messrs. F. NJ. Hatch and A, G
: Smith for the defendant.
The first witness examined was Olive
: Swain, followed by d. Manaku, N. G
Wilfong, Deputy Marshal Dayton, Robt
: More and Officer Marcos, their evidenc
3 being substantially the same as given a
: tho fret trial and which was publishet
IN full In the A----4nISER at the UILIe
At II o'clock the Court took a recess ur
; til 80 o'clock.
!; On resuming, Kawailoa was put o
the stand During his examination
plan OF the interior of the Post Office wa
introduced. The witness was subjecte
to a searching cross-examination by MI
Hatch, but nothing new was ELECTED
Other witnesses examined were ?. O'Su
livan, w. H. Place, John DeGraves
Manuel Phillips, LeialOha and Office
Mehrtens. A recess of ten minutes wa
taken, after which l. B. Peterson wa!
put upon the stand and sworn by Cler
. Poor.
, Mr.. Hatch objected to the witness O
); the ground that he was under indict
= ment for embezzlement.
The Attorney General said he had nc
yet presented an indictment.
Mr. Hatch quoted several authorize
, in support of his objection.
The Attorney General said he SHOULD
rely on Section 40 of the law of evidence
Compiled Laws" page 375. "No per
son offered as a witness shall hereafte
be excluded by reason of incapacity iron
crime (perjury or subornatiOn of periur
only excepted) or interest, from givin
evidence either in person or by deposi
ton, according to the practice of tn
Court, on the trial of any issue joined o
{ of any matter or question, or on any in
l quiry arising in any suit, action or pro
ceeding in any Court, or before any pei
, ties authority to hear, receive and exam
, inc evidence. But every person SO OF
4 fered may and shall be admitted to Civ
! evidence, notwithstanding that such per
son may or shall have an interest in tn
matter in question, or in the event of tn
trial of any issue, matter, question or in
quiry, or of the suit, action or proceeding
! in which he is offered as a witness, ant
Notwithstanding that such person Offered
as witness may have been previousl.
convicted of any crime or offense excep
as aforesaid"
The Court held that under the statut,
all parties to a case, plaintiff or defend
ant, were entitled to give evidence, ant
, although Peterson was held under an
other indictment, his evidence in thi
case was admissible.
Mr. Hatch noted exceptions.
The examination of Peterson then be
gun by the Attorney General, and con
tinued until 5 O'Clock, when the Cour
adjourned until 10 o'clock this morning
Salvage Sale.
Mr. II McCoOeV of the firm a