The Hawaiian gazette., 1900-11-16
THE LAW FREES DOWNING
FROM A MURDER CHARGE

ai.. faa H nbi.h .ba 0uturr bad n-
UIH.I
"a. gao Iu tba rsha baus vtsu D.
H.af.I uHisf rufaiie aNl Ne went uut
HH sHw bnuuInR surrounded ny OF
.urf.Y af mfn Haskell carried
Hmr HII aa Do cawr outside some ono
HH.u p... ~ lrilIHg 1ua knocked
fHa chimney 10 th. lamp .. hy saw
..ihiuE NuvU
De- h.ard Downing say however.
l..uk ,ut f1r yourself
&c. STAYED at the house after the
emitting WAS discovered nul sent Tor
th. doctors and Cor the police. he was
arrested and pleaded rulity TO carrying
"a siuugshut, serving -four months
term on the reef for the ofiense.
Herbert Carroll. young man who
was sent 90 Jail FOR smuggling opium.
testified that he met Downing IN jail.
and that he saw the wounds on his
body. he stated that he was badly
cut on the knee and cheek, and that
the side and the back OF his head were
severely bruised.
J H. Davis, who had been a stenog
rapher at the preliminary hearing, was
put ON the stand To identify the evil
denCe taken at that trial and that evil
dence was introduced.
In rebuttal MIR. Cathcart put on the
stand Lahapa the Hawaiian woman
" lliNS- islllt mas bt-tl illtlAlblltl III the
case frequently. she absolutely denied
all that Downing had testified to in
regard to her warning him that he was
TO be attacked by the Hawaiians.
Attorney Strauss for the defense
made a vigorous protest against her
appearance on the stand, and her tes-
timony as we'll
In REORGANIZATION he developed
the fact that the woman had asserted
to him that she had no knowledge
whatever Of any facts in the case, and
that while she had been in attendance
at all the previous trials, she had new
or been summoned to the stand be-
fore.
The taking of evidence was concluded
at 1 o'clock. and Mr.. Strauss com
menced his argument Immediately. He
reviewed the evidence in the case care
fully, paying his respects especially to
George Pahu, who had admitted on the
stand that he had testified falsely at
the former trial of the case for fear he
should be arrested for keeping a
"swipes joint" He described the evil
dence of most OF the witnesses for the
prosecution as a tissue of lies. con-
structed to shield themselves from the
charge of attempting to hold up and
rob Downing.
Mr.. Cathcart, for the prosecution,
called attention to the Inconsistencies
and that of Downing. and reminded
them that the prosecutions witnesses
substantially corrobOrated each other,
while DOwning's account of the occur
renee was unsupported save in minor
particulars. He asked for a verdict of
guilty.
The case went to the jury at a little
after o'clock. and before o'clock the
jury announced that they had reached
verdict. Judge Humphreys was sum-
mOned. and just before o'clock the
jury filed into the courtroom. When
Clerk kellett read it and it proved to
be not guilty smile lit up Downing's
face and he shook hands joyously with
Mr.. Strauss. Strauss then moved that
Downing be released on his own recog-
nizance, and as Mr.. Cathcart acquies-
ced, Judge Humphreys ordered that he
be allowed to go until next Monday,
when the other cases against him are
to be taken up. Mr.. Cathcart stated
that he should consult with Attorney
General Dole as to their disposition,
and ii is quite probable that they will
be dismissed