The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-11-25
KA|0 EXAMINED
He And George RathbQrn the
Only Witnesses Yesterday.
ALL KNOWLEDGE OF PLOT DENIED
Both Say Family Had Great Aloha
for DR.. Smith-Rathburn
Worked for Reward.
ALL KNOWLEDGE OF PLOT DENIED

At the opening of the trial of the per-
sons charged with the murder of DR..
Smith, the Advertiser stated in it's ac-
count that counsel for the prisoners
had not been allowed to communicate
with them. It corrected the statement
promptly by stating that Mr. Robertson
had been allowed to freely communi-
cate with his clients, but had not been
allowed to interview the witnesses for
the prosecution, who had turned States
evidence. This corrected statement ii
now repeats.
Kaio and George Rathburn were
both put on the witness stand by the
defense yesterday Both their stories
were denials of Jhonnies story and
Iosepas testimony. George Rathburn
was examined during all the morning
session and during a 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 a plot to kill DIR. Smith,
or to burn his cane, or in any way
iniure him. He said he was present
at Paupaus house on Friday night, the
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 chair wailing
in prolonged tone, over her misfor-
tune. When an officer said that the
only news up mauka was that the
ha1
they all uttered expressions of sorrow
He had been treated by the doctor fol-
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 roac
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
Z o'clock. In the forenoon he and Ka-
pea Upapa and Kaio went up to DR.
Smiths house. He returned home thai
evening and came back again Monday
when he heard that Kakalia had beer
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 Marsha
Brown. From the Marshafs examina
ton he understood that the Marsha
knew he was at Paupau'S house or
Friday night. The Marshal asked hin
if he knew whether or not any of the
.Kaio family left Paupau's premises
that night when he kept asking
me-" Rathburn said, 81 told him
could say nothing except the truth
Afterwards he told me that if | would
go around and find out who did it, ant
reported to the Sheriff and it lead tt
the conviction of the guilty ones,
would be paid $1,000 l consented tt
this. From his questions | though
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 ant
| Jhonnie came into the room after tn
policemen came. They all came in to
gether by back door from the direction
of the eating room. None of then
slept in the sitting room After tn
police went they all went out, but Ka
pea entered shortly afterwards an,
| laid down near Kaio's bed.
The witness said that a great man
people entertained the idea that mem
bers of the kaio family were concerne
in the killing of Dr. Smith becaus
Paupau was to be sent away.
'On Saturday morning Iosepa sad
died his horse and started to ride away
AS he was leaving | called to him an
| told him that if you two did this yo
| had better keep your mouth shut H
replied that there was no pilikia, tn
pistol had been hid. | then went an
reported to the Marshal. | did this
make Iosepa think l knew about it an
sympathized with him. In this way
would find out more Iosepa didn
say where the pistol was hid. only tha
it was in the stones"
DR.. c. B. Cooper, physician at Oah
prison was put on the witness stan
by the defense and testified to admin
istering medicine to Kapea at the priE
on for a cold. Dr. Cooper said ths
Kapea told him he had been takin
cough medicine prescribed by D
Smith. The cold was not a serious on
and DR.. Cooper made no examinatio
of the patient to see whether or NJ
it was genuine, assuming that it wa
Rathburn returned to the witnes
stand. He said that the one empt
shell in his revolver had been fired b
himself at cat. He said he ha
heard nothing before he came into t1
court room OF any plan of setting fiji