The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-11-18
The First Witnesses in Kauai
Murder Case.
MISSES SMITH ARE EXAMINED
After the Shooting, Accused Offer
Condolences-Cro Examina-
tion-Case Continues.

AN~~~Oe
Rathburn was continued at o'clock
yesterday morning. The Government
presented it's case outlining the course
which it would pursue in the case.
At IL o'clock the first witness was
called when the defense asked that a
recess be had until o'clock. The
Court granted the request. The Court
convened again at 2 o'clock. During
the recess diagram of the Smith
premises had been placed in position
to be easily seen by the witnesses and
the jury. A map of the surrounding
district was also shown.
Miss Emma Smith was the first wit
ness for the prosecution She was
shown the diagram of the Smith
property and stated that the rooms
and arrangement Of the grounds as
displayed was correct. She told what
members of the household were pres
ent on the night of the Oath of Septem
ber She then described the custom
He had an Office in the yard separated
from the rest of the ground by fence.
At night he occupied his room at the
end of the building and answered night
calls from that room. He often dis
pensed medicines from his room also.
Miss Smith described in detail the
of fyun cyofo in cr
to the main highway, the location of
the hedge and the distances between
her room and the room occupied by
her brother. Miss Smiths room is on
the front of the house, while that occu-
pied by DR.. Smith was in the ell of the
house. Both opened on the veranda
and were at right angles to each other.
The distance between the doors is Is
feet.
Miss Smith stated that on the night
DR.. Smith was murdered both she and
| her brother retired at exactly ten min
utes before 10 o'clock. She looked at
a clock just at that time. Just after
the clock struck ten she heard a rap
on the steps of the veranda lead
ing to her brothers room and not more
than ten feet away. DR.. Smith asked
who was there and this was followed
by sort of grunt. She heard her
brother step to the door and open the
shutters. The opening of the shutters
and pistol shot were almost instan-
taneous. Her brother uttered a loud
cry, there was the sound of hurrying
footsteps on the veranda and he1
brother fell against the shutters.
Miss Smith stated that she ran tc
him and found him standing by the
door but leaning over. He fell to the
floor unconscious and died shortly
after she returned from calling he1
sister, Miss Juliette Smith.
In cross-eXamination, Mr.. Rosa ask
ed if she would be wiling to entertain
the idea that her brother committee
suicide? Miss Smith replied that sh
would not entertain any such idea
Miss Juliette Smith retold the event
of Friday night, September "a. Sh
testified that she heard the shot.
cry and the sound of horses leayin.
the premises through the mauka gate
although the makai gate is nearer th
steps to the doctors room.
MISS Smith testified that both Kai
and Upapa came to the house on til
: Saturday following the murder: tha
they both deplored the death of D1
Smith and wept profusely. Kai
: spoke of DIR. Smiths visit to his hons
and said that he hoped the new cur
Tor leprosy which the Government wa
investigating would prove effectiy
upapa also condoled with them an
wondered who could possibly hay
committed the deed.
Miss Smith testified that Kapea W;
!. familiar with the premises as he ha
Formerly worked for the doctor. TT
others knew the grounds as thew hs
>, often been there for medicine. Geors
Rathburn stopped at the veranda O,
!, DAY and expressed sorrow for the DEF
- and wondered who could have kill.
her brother. Miss Smith stated th
u she replied that the police said tn
- they were on the trail of the murde
10 ers. She testified that Rathburn tb,
9. sald tnat they would surely be ca
- tured then. The various routes lea
ing from DR.. Smiths residence aIo,
the Government road and TO the hor
or ka1o were examined in deta
= Miss Smith also testified th
- when George Rathburn talked with h
concerning the murder he appear
frightened, that he had an expressi,
on his face which she had never co