The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-05-09

Mr.. Creighton--Am l to under.
stand that if we found opium, 1t is
not admissible because found yester-
day?
Court--No, it is not admissible.
s. All Mi, sworn. Testimony from
this witness strongly objected to by
Mr.. Ashford, who desired the Court
to caution the witness that he was
not obliged TO answer questions about
! notes or letters, as his answers might
incrimnate himself and he be arrest.
ed. Court therefore cautioned the
witness.
Q.-ls that your siguature9 (pro-
ducing the notes..
A II decline to answer.
O. Do you know the man j. w.
Brown mentioned in these notes?
Al decline to answer.
Mr. Creighton-Your Honor, the
question is legal and l demand an
answer.
Mr.. Ashford object to the ques-
ton.
Court-Asks for authorities and asks
witness TO state reasons for bis refusal
to answer, then allows the ue,tion.
Do you know the man named in that
note there, j. w. Brown?
Witness-I cannot answer that
question because l have so many
notes it might make me trouble, as [
owe so much money.
Witness is then instructed that the
reason is not sufficient in law, and
informed that he must answer, but
he refuses to do so. The question
was put to witness again-Do you
know that man j. w: Brown?
A.-Yes, that is Mr.. Brown sitting
over there (polnting to the defend
anti.
Q.-Is this your signature9 (pro-
ducing note).
Al decline to answer.
Q.-Are you afraid if you answer
it will send you to jail?
A.-No, | am not afraid of being
sent to Jail.
Crown then claims he must answer
or be in contempt and suffer the pen
atty.
Court-The witness reasons for
not answering the question are not
legally sufficient and he must answer
my question. Perhaps he does not
understand my language, so | think
the official Chinese interpreter should
be called and explain same to wit
ness.
Ii Cheung, the interpreter, ex-
plains the law to witness. Witness
then says be cannot answer the ques-
ton, as to do so would interfere with
his business interests.
Court-Not sufficient reason. All
Mi must answer.
Witness-I cannot answer.
LII Cheung instructs witness that
he is liable to a fine or Imprisonment
if he persists IN his refusal to answer.
Witness know it is in the dis
erection of the Court TO imprison me,
but L cannot answer.
Court will take the matter of
contempt under advisement
Col. John Richardson, sworn-I
am acquainted with S. All Mi; know
his writing; the signatures on the
notes are unquestionably All Mis-
writing.
Crown rests.
Col. John Richardson, first wit
ness called for defense, sworn
know Nahinielua; he is known to be
very hard of hearing, deaf partially,
but is not called "lolo - l don't call
him brieht to-day.
Defense rests.
Mr.. G. w. Ashford, for the de-
Tense, summed up in very forcble
speech, reviewing all the evidence
adduced in which he failed to find
anything of a damaging nature to
the defendants. But if there had
been the most damaging kind of
testimony as to the guilt of defend
ants they could not be convicted on
the charge of importing or selling
during the last two months. They
could not be convicted of either
charge under the law, and conse-
quently he asked that they be de-
clared not guilty and discharged
The Crown made no opposition.
Court will reserve judgment
until tomorrow, Saturday, May Z,
at 9 80 a. IN.
SATURDAY, May Z.
Upon opening of Court, His Honor
read the law bearing upon importing
or selling opium and then went briefly
over the evidence as offered at the
trial and failed to find anything
therein to incrminate the defendants
j. w. Brown, John Doe Williams
and John Doe Johnson-upon the
charge of importing or selling opium
on Maui. l find them, the defend
ants, not guilty and they are hereby
discharged.
The case of S. All Mi, who was
adJudged in contempt for declining
TO answer certain questions while
upon the witness stand, was then
fol