The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-11-24
GEORGE RATHBURN WOULD HAVE
PREACHED"
Kauai Murder Trial Progressing Slow
ly-Will Probably Go to the Jury
Friday Evening.

The statement that Paupau, the lep-
er suspect, who is implicated in the
Kauai murder eases, has been kept
away from the attorneys for the de
fense is not true and is an injustice
to 1he prosecution.
4; G. NJ. Robertson and Antoine Rosa
attorneys for the defense has at all
times had access to their clients and
to all the witnesses in the case with
the exception of the two accompllces
who turned states evidence and were
to be used as government witnesses.
These were losepa Kaio and Johnnie
kaio.
Papau, so Marshal Brown states. has
a number of times bsen intervi Awel by
her attorney, and since her return
from Kauai, where the charge against
herr of being an accessory before the
fact to the death of Dr.. Smith was
discontinued, has stayed at the Kali
hi receiving station, where any one
so desiring could see and consult with
her. She was a number of times in
terViewed by her attorneys before she
took the stand to testify.
George Rathburn, the half white,
fact, is now on the stand. He is the
first of the defendants to testify.
Rathburn told the jury that he was
born near the Kaumaukapili church
in Honolulu and that he did not know
how old he was. He has two brothers
living, William Rathburn, magistrate
at Koolau, Oahu, and another in the
employ of the Wilder Company.
Rathburn testified that he was liv-
ing with Inoa, who was not his wife.
On the Friday night that DR.. Smith
was murdered he was at Kaio's house.
He drank considerably in the pres
ence of Kapea, Iosepa, Kaio and John
ME, who did not drink. He and Iona
retired in house on Kaio's place. He
did not hear the police coming on that
night. He was awakened by Kaio who
told Inoa and himself to separate lest
the authorities should see them.
Rathburn needed this advice, leaving
Inoa.
The next morning he in company
with Kaio, Kapea and Upapa went 30
the Smith premises to see the body of
Dr. Smith. Rathburn says he eX-
pressed his sorrow because he loved
the doctor. He had known him for
many years, had received his treat
ment and bore no i'll will toward him.
When Marshal Brown came to Ka-
uai and held an investigation he was
examined. He denied all connection
with the crime and the Marshal told
him to go ahead and see if he could
find out who killed the doctor. He
was promised one thousand dollars #
he succeeded.
Rathburn says he consented, and
judging from the Marshal's eXamind-
ton, he surmised that the authorities
suspected Kaio's family He went to
kaio's house, told losepa that if he
was implicated to keep his mouth
shut. TO this losepa replied: "The
pistols are hidden and there is no
pilihia."
Rathburn says he talked to the
Kaios,( hoping to gain their sympa-
thy in order that he could learn of
their connection with the crime, if
any.
DR.. Cooper testified to treating Ka-
pea for cold, upon his arrival in
Honolulu.
In going over the evidence given
before the coroner's jury on Kauai
prosecution has admitted that Iosepu
testified as follows:
Did Kapea tell the others in the
house what he intended to do?"
Eyes"
what did the people in the house
say in response to Kapea's PROPOSE
! tion?"
"Kaio said no, not to do it. Kapea
said ! will go till powder and bullet
kills DR.. Smith or me-"