The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-02
GR|LLED ON
THE BENCH.
Insanity Experts are
Scored.
JUDGE HUMPHREYS WORDS
Warm Language in Oral Decision in
Case KiIikea Against
John Hspa.

Judge Humphreys paid his respects
who have testified in the case of Kali |
kea VS.. John Hapa ct al, and the Judge |
used vigorous words in his character
iZation of the testimony of these gem
tlemen.
1t was during the progress of an oral
decision in the Kailikea case that the |
Judge jumped on the experts so harsh
ly. He decided the case for the plain
tiff, who had sued for the cam
collation. of a deed given by Kailikea,
who is a demented woman.
1.-The expert evidence in this case"
said Judge Humphreys, with the SIN
gle exception of that of DR.. Emerson,
which was marked with some degree
of candor and modesty, is absolutely
worthless and reflects no credit upon
the witnesses themselves or the profess
sion which they represent. Take that
of DIR. Sloggett for instance. He came
into this courtroom and demanded
fee of $50 before >he went upon the
stand. Then he went on and in his tes-
timony admitted that he had no right
to speak-as an expert and he testified
to things as to which a common labor
ing man would have been as competent
to testify as he. He signed a certificate
to the effect that this woman was half
witted and he did so without making
any inquiry into her family history, or
any physical examination of the wom-
an herself. There was no evidence that
he was required to give this certificate,
but he did so at the request of some
one into whose motives he had not even
inquired. A man who occupies the
position held by DR.. Sloggett and en-
joys the privilege accorded by the
Government to men of his profession,
and who would then place himself In
such a position deserves at the hands
of this court the severest censure.
DIR. Towards testimony was little
better. He went to this woman and
had talk with her in which she told
him that she did not intend to sell her
land as she believed that when the
! tramways lines were extended farther
towards her lands it would be much
more valuable. From that he conclud-
ed that she was sane enough to under
stand the management of her property,
and he did not inquire or learn that she
had already sold land which was ad-
mittedly worth $500 and from which
she was receiving an income of $50
year for the sum of 500.
CDR Emerson reached the conclusion
that she could manage her own prop
erty from conversation he had with
her. He did not make an examina-
| ton of her because he said, he was
only there to talk casually with her
and the proprieties of the occasion did
not admit of such a thing.
There has been much testimony
concerning the fact of this womans
alleged Vagaries, and large number
| of witnesses have been on the stand
whose testimony was to the effect that
! they never saw her do them. 1t re-
minds me of the case of the Irishman
who was accused of a crime and who
was asked if he had any witnesses who
would help to prove his innocence. oh
yes he said, I can get q thousand
who did not see me do it,
1.-The facts that this woman was
guilty of these queer actions and that
she has been the mother of children
who are half witted and that she sell
dom speaks and that she has not the
appearance of intelligence taken each
by itself would not establish that she
was incompetent to care for her own
interests, but taking all of these
threads and weaving them together
and the court is forced irresistibly to
the conclusion that she is non compos
mentis.
mo. only do / find this but also
am of the opinion that John Hapa was
guilty of fraud in taking such an adj
vantage of a woman unable to protect
her own interests. The man Kapali,
the minister. is also chargeable with
due notice of her condition. The posi-
ton taken by Kapali is most reprehen-
sible, for he has clothed his rascality,
and masked it by his profession of a
minister of the Gospel. The petition
of the plaintiff to have the deed in
question cancelled is granted"
Kailikea, the plaintiff owns lands at
Moanalua, and some time ago she
transferred a tract of two acres, which
is admitted to be of considerable value
to the defendant for the sum of 800.
She was represented by Judge David
son and the defendants were represent
ed by T. McCants Stewart The latter
gave notice that he should file an ap-
peal of the case as soon as the written
opinion was handed down by Judge
Humphreys.