The Hawaiian gazette., 1897-11-26
lie And George Ratlblrn the
Only Witnesses Yesterday.
ALL KNOWLEDGE OF PLOT DENIED
Both Say Family Had Great Aloha
for DR.. Smith-Rathburn
Worked for Reward.
(From Thursdays Daily.)

Smith, the Advertiser stated in Its &C
count that counsel for the prisoner
: had not been allowed to communicat
with them. 1t corrected the statemen
} promptly by stating that Mr.. Robertson
5 had been allowed to freely communi
cate with his clients, but had not beef
allowed to interview the witnesses TO
; the prosecution, who had turned States
evidence This corrected statement i
now repeats.
Kaio and George Rathburn were
both put on the witness stand by the
defense yesterday. Both their stories
were denials of Jhonnie's story and
Iosepa's testimony. George Rathburr
was examined during all the morning
session and during part of the after
noon. 1t was evident that he had a
strong desire to clear himself and his
friends from suspicion. He denied all
knowledge of plot to kill Dr. Smith,
or to burn his cane, or in any way
injure him. He said he was present
|
night Dr. Smith was shot. He slept
until the police arrived, then they all
crowded in the sitting room. He said
Paupau was sitting in a chair wailing
in a prolonged tone, over her misfor-
tune. When an officer said that the
| only news up mauka was that the
doctor had been shot and was dead,
they all uttered expressions of sorrow.
He had been treated by the doctor for
sickness and they were all friendly
towards him. Nothing else was said
by the officers except that they said
when they were coming down the road
that they would go over to Paupau's
house as it might be their last oppor-
tunity for seeing her
Rathburn said that the next morning
he finished mending the trunks about
o'clock. In the forenoon he and Ka
pea, Upapa and Kaio went up to Dr.
Smiths house. He returned home that
evening and came back again Monday
when he heard that Kakalia had been
arrested for shooting DR.. Smith. He
went straight to the doctors house
While he was there he himself was ex-
amined in the doctors office by Marshal
Brown. From the Marshals examina-
ton he understood that the Marshal
knew he was at Paupaus house on
Friday night. The Marshal asked him
if he knew whether or not any of the
Kaio family left Paupau's premises
that night When he kept asking
me-" Rathburn said, q told him
could say nothing except the truth
Afterwards he told me that if l would
On or mr. fir1d MI hn n nd
reported to the Sheriff and it lead to
the conviction of the guilty ones,
would be paid 81 ,000 l consented to
this. From his questions l thought
that he suspected the Kaio family
then went around to different groups
and listened to what people were say
ing"
Rathburn said that on the Friday
evening he saw Iosepa, Kapea and
Jhonnie came into the room after the
policemen came They all came in to-
gether by back door from the direction
of the eating room. None of them
slept in the sitting room. After the
police went they all went out, but Ka-
pea entered shortly afterwards and
laid down near Kaio's bed
The witness said that a great many
people entertained the idea that mem
bers of the Kaio family were concerned
in the killing of DR.. Smith because
Paupau was to be sent away.
ION Saturday morning Iosepa sad
died his horse and started to ride away
AS he was leaving l called to him and
told him that if you two did this you
had better keep your mouth shut He
replied that there was no pilikia, the
pistol had been hid. 1 then went and
reported to the Marshal. I did this to
make Iosepa think l knew about it and
sympathized with him. In this way l
would find out more. Iosepa didn't
say where the pistol was hid, only that
it was in the stones"
DR.. c. B. Cooper, physician at Oahu
prison was put on the witness stand
by the defense and testified to admin
istering medicine to Kapea at the pris-
on for a cold. DR.. Cooper said that
Kapea told him he had been taking
cough medicine prescribed by Dr.
Smith. The cold was not serious one,
and DIR. Cooper made no examination
of the patient to see whether or not
1t was genuine, assuming that it was.
Rathburn returned to the witness
stand. He said that the one empty
shell in his revolver had been fired BIZ
himself at cat. He said he had
heard nothing before he came into the
court room of any plan of setting fire
to the Doctors cane field was by tying
a rag TO cats tail and setting fire to
it.
Rathburn said that at no time on
Friday was he asked to take a hand in
the killing of DR.. Smith. On that night
after the police left he was near enough
to Kapea to hear what he said, but he
heard him say nothing as to the man
ner in which Dr. Smith met his death.
He was sure Iosepa and Jhonnie were
not at DR.. Smiths on Saturday morn
ing as he did not see them there. They
were not at home when he returned
in the afternoon. On Friday, when he
started for Kaio's house he did not take
his revolver He left it at home He
was under the impression that it was
between the mattresses where he was
accustomed to leave it.
In cross-examination by Mr. Kinney
Ratheburn said it was not a fact that
he wanted to get the thousand dollars