The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-11-25
TO the Doctors cane field was by tying
a rag TO a cats tail and setting fire to

q rag 10 a cat tall ana setting 0fe 10
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
but was afraid to tell all he knew for
fear of getting himself into trouble.
He said he believed the doctor was
assassinated in cowardly manner. He
said he had said so himself but he had
not expressed his feelings on Friday
night or Saturday. He listened to
what other people had to say, he didn't
express what he felt He didn't hear
anyone at Paupau's house, excepting
when the police were there, say any
thing of the death of Dr. Smith. They
may have spoken of it when he was
not there. He said he told Iosepa
while they were on the veranda fix
ing the trunk, that it was base act
and wondered what the doctor had
done. He thought that no one else
could have heard him. No one at the
house asked who had killed the doctor,
at least not while he was present.
He considered Iosepa's telling of hid
ing the pistol practical admission of
guilt, yet he said he could not tell why
ii was losepa answered his question so
easily. even though he was a friend of
DR.. Smiths. He said that while he was
questioning Iosepa he had no idea that
the best plan for him was to make
friends with the Marshal He said the
first he had heard of the burning of
DR.. Smiths cane was on Saturday.
He said he never told Mr. Kinney or
Sheriff Carter that he thought Kapea
killed DR.. Smith. He said he had no
suspicious that Kapea did it. He de-
MED that he gave the key to his house
! to kapea on Saturday afternoon and
told him to go down and give it to
lnoa and for her to go and hid his pis-
tol. He said there was no conversation
about hiding his pistol and he hadn't
! heard that they are going to search
their houses
In redirect examination Rathburn
said he thought it was Tia who said
that Kapea had been seen with a
bright pistol. He said that when he
talked with Iosepa about keeping his
/; mouth shut" he had no idea what
losepa's thoughts were, he couldn't see
| his face and did not know whether
there were any symptoms of fear on it
or not
| Kaio was called to the stand. He
comes of long lived family. His
| father died in 1896 and before his
death he told Kaio that he as 12O
years old. Kaio is Kapeas father. His
own father was not a Hawaiian. Ka-
pea is between 20 and 21 years old.
| kaio said he was at home when DR..
Smith called on the Monday to examine
Paupau. He gave in detail the CONVEX
sation which passed between DR.. Smith
and Paupau. He said that Paupau
offered no objection to going. Hokana
|
out. kapea was just outside and To-
sepa and Jhonnie were putting wood
in the ''imu." He heard Kapea make
no threats, either while the doctor was
there or after he had gone. He said
that 1osepa and Jhonnie must have
known when Paupau was coming to
! Honolulu as they were members of the
family and the matter had been fully
talked over. He said that he and Pau
pau spoke of the matter and he told
Paupau that the doctor was right that
she should go and that he would GO
with her On Tuesday afternoon To-
sepa and Kapea had some plan and
were talking it over Kaio said he
asked them what they were talking
about and Iosepa told him to keeI
quiet as he knew nothing about it
That was the only time anything was
said. He heard nothing of the making
OF any plans to do aay with the doctor
he thought he would have known il
had there been plans. Kaio said tha
on the Friday night DR.. Smith was
killed. both the boys were in the din
ing room when he retired. They came
into the large room when tho of1ioars