The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-11-23
DEFENSE NOW ON
State Closed in the Kauai
Case Last Night.
Prosecutors Witnesses Called IN
Behalf Of PriSonerS-TeStimo
of Officers and Others.

The prosecution put on several Wit
nesses in the Smith murder trial yes
terday. The time of firing the shot,
the search of the yard, the flight of the
guilty men and the barking OF Mr.
Chalmers dog, all these incidents were
fixed. Kikoa testified to searching the
yard after the pistol shot. He is Upa-
pas son-in-law but is steward of the
hospital in the rear OF DIR. Smith
house. He has held that position for
the past ten years. Previous to that
time he was policeman for six years.
He heard the shot which killed Dr.
Smith. L thought that perhaps DR..
Smith had been shooting at dog,
he said. until the japanese came and !
called me. | helped search the front |
ward about five minutes after the shoot |
ing. | found no animals in the front !
yard. The horses belonging to the |
family were in the paddock. | looked |
at my watch after the officers left for
Kaio's house. 1t was then little after
II O'clock
In cross-examination the witness
said that no one had talked with him
regarding the time the officers left DR..
Smiths house. He looked at his watch
because he thought at the time that
he might be asked what the exact time
| was He was formerly policeman
and is accustomed to attach impor-
| lance to such things. He said he
| thought that the pistol shot might
have been the Doctor shooting at
cat or dog because the Doctor had shot
cats and dogs in the night and some
times in the day time before. The
Doctor had a rife. what make the wild
ness did not know. He was not sure
whether DR.. Smith had a revolver or
not He had never seen the Doctor
actually shooting a dog but frequently
in the night and following a shot he
had heard dogs run bowling through
his yard
Kikoo said that on the evening Dr.
Smith was shot he had been over where
the band was playing. He returned
about $50 and passed through Dr.
Smiths yard, entering by the makai
gate. He passed within about 20 feet
of the end of the house where DR..
Smiths room is situated. He saw no
one in the yard. The paddock where
the Smiths horses were found that
night is situated in the rear of the
house. Asked regarding the eXactness
of his watch for keeping time the wit
ness said that sometimes it was fast,
sometimes slow. once in while it
might have been at least Is minutes
out of the way. The witness said that
the shot he heard on the night DR..
Smith was killed was not so loud as
that made by DR.. Smiths rifle.
Moke was the next witness. He said
that he lived by kaiO's house and knew
Kapea. He had seen Kapea with a re-
volver. Kapea had shown it to him
one day and he had fired at an earthen
vessel on the wall Kapea did not
shoot Kaio heard the shot and came
out of the house and scOlded them fol
shooting in the direction of the beach
Kaio said that they could not tel
whether there were people on the beach
or not. The witness described the re-
volver and it's description tailed with
the revolver offered in evidence by the
prosecution. He was shown the re
volver which is supposed to have beer
the one used in shooting DR.. Smith
and identified it as the one belongings
to Kapea.
In cross-eXamination the witness
I said that he remem bered clearly see
:. on the handle of the revolver. He sait
J. that when kapea got the revolver t.
- commence practice it was in Iosepa'
room in a pastebOard box in the bu
reau drawer 1t was partly loaded a
the time. This was the first time tn
witness had ever seen this revolver
At this time Kaio's child was dead an,
the body was in Iosepa's house in tn
large room. 1t had died in one of tn
other houses and had been carried t
the large room so that the compan
might gather. When Kapea cam
down from his place at this time h
stayed in Iosepa's house, the witnes
stated. His knowledge of this wa
from the fact that kapea sat on tn
bed and talked to him through tn
window one night.
Mr.. Chalmers, the next witness. sal
that about ten minutes past 10 o'cloc
on the night of DR.. Smiths death hi
dogs outside were barking at a hors
going very rapidly. At about hal
past 10 o'clock he started down tn
road, and near the mill he met a polio
officer on horseback. The officer ask
ed him if he had heard any horse pas
his place and he told him he had. M
v Chalmers said he ran to Royals plac
and telephoned. After that he wen
to the Smiths residence The officer
left for kaio's house about II O'Clock.
Sheriff Carter of Kauai was preser
when the 3S-calibre revolver was take
from the stone wall. He testified tia
at that time Kapea said that Iosep
had hid the revolver and had told hi
where he had put it. In cross-examir
alton the Sheriff said that he hear
of the death Of Dr. Smith at 1O:s
O'Clock on the same night. He covere
- all the avenues Of escape from Kolo
that night
On the next Wednesday. and afte
- the examination Of those suspected
being implicated in the killing of D
Smith and the arrest of Kapea. tt
Sheriff took kapea to the place whel
the revolver was secreted. The pat
was narrow, through the lantan
OF When they reached the wall Kape
til pointed to the spot and the police of
MS Ger dug up the gunny sack containir
ge the revolver and the cartridges. tt
Y. revolver was empty at the time.
Incpn3