The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-12-13
COURT NOTES..
(From Wednesdays daily)

Ex-Judge J. L. Kaulukou and incl
ldentally all Hawaiians were given de-
Icided setback yesterday by Judge Hum
phreys during the trial of the case OF
Ben Gussman, charged with murder In
the second degree. d.
Judge Kaulukou is attorney for the
defendant, who is a Spaniard, but who
also speaks Hawaiian like a native.
After the jury had been secured. the
attorney asked permission to examine
the witnesses, who We're all Hawailans,
in their native tongue. Judge Humph-
reys peremptorily refused the request.
stating at the same time that he had
on several occasions allowed such pro-
cedure In the past. but that Kaulukou
had deliberately and falsely stated that
he had not allowed such examinations
to be made in Hawaiian, and conse-
auently the privilege would be denied
to him In conclusion the court stated
that Judge Eaulukou would be required
to conduct the examination as any 9TH
or attorney should. or he would get
Some other attorney to take his place In
the conduct of the case, who could con-
duct 1t In English.
| The Gussman case was taken Up I'M
mediately upon the disposition Of the
Rathburn hearing yesterday morning.
but postponement was necessary be-
cause the panel was exhausted before
the Jury could be secured
/ Gussman Is charged with having stab
bed 20 death a native named kanchoa, In
the month OF April last Th' defendant
was living with the deceased and his
wife, and they quarrelled over some triv-
ial matter res ltiuS Il IS alleged in an
n. hN- l. he, wit !,
a knife. The latter was stabbed In the
neck and died from his injuries n short
timc afterwards Five witnesses were
examined during the afternoon and the
Territory has still more evidence to pre-
sent today. The court made an order
oo'nnolling the jury TO remain together.
md they will be held in the custody of
n hn'l'fr all night. Cots for their con-
veniencc have been placed in the SUI
prcmc Court room. and they will be al
lowed TO pass the night there. and are to
he held under as strict surveillance as
81 considering verdict.
| HATHBURN GOES FREE.
VIM. X. Rathburn was discharged yes
terday morning upon verdict of acquit-
tai, directed by Judge Humphreys. The
motion made by Attorney Robertson for
the dlschag &c of the prisoner on the
ground that the facts set out "a being
! false were not material, was sustained
bur the Court decided that the grand
jury panel was regular and sustained
Deputy Attorney General Cathcart on
this point. The court held that II Rath-
burn had been killed by DR.. Carter the
crime would have been murder and that
because the defendant was on the prem
Uses of Carter gave him no right TO shoot
without warning. DIR. Carriers relations
with this man were unfriondly," said the
Court. He was warned not to-Come on
The premises. and that IT he did he might
he treated as /; is alleged he was treat
ed. When n man lives in the country, as
Or. Carter does, I don't believe he has a
right, If he sees man In his yard at 10
o'clock IN the evening. 10 shoot him with
out giving warning. There Is no evidence
here of the hostility OF these men, but
the Court does not believe the evidence
of the defendant before the grand jury
TO be material. I should he compelled h
instruct a verdict of not guilty on this
point, or II verdict of guilty was re-
turned, 1t would be my duty to set 1t
aside"
The jury was then called into court
and Instructed to return n verdict OF not
guilty, the Court stating that the prose
crtioi had failed to prove the muteri-
atty Of the allegations in the informa-
ton.