The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-11
NOW IT'S
KAULUKOU
Is Not Allowed to
Speak Hawaiian
In Court.
RATHBURN IS
FREED BY COURT
Trial of Gussman Charged With
Murder in Second Degree Be-
gins Before Humphreys.

dentally all HaWananS We're giVen a de
lcided setback yesterday by Judge Hum.
phreys during the trial of the case o
Ben Gussman. charged with murder il
the second degree.
Judge Kaulukou is attorney for tbs
defendants. 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 were all Hawaiians,
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-
lcedure in the past, but that Kaulukou
had deliberately and falsely stated that
to be made in Hawaiian. and conse-
quently the privilege would be denied
to him. In conclusion the court stated
that Judge Kaulukou would be required
to conduct the examination as any 9TH
er attorney should, or he would get
some other attorney to take his place in
the conduct of the case, who could con-
duct it in English.
The Gussman case was taken up i'm
mediately upon the disposition of the
Rathburn hearing yesterday morning,
but a -postponement was necessary be-
cause the panel was exhausted before
the jury could be secured.
In the afternoon the panel was COM
pleted and the following men called TO
serve: Geo. w. Macy, JOS. Richards,
David Motley, H. d. swinton. j. H,
Taylor, Edward Woodward. Geo. x.
Kaia, Jos. K. Merseberg, Jas Kahale-
ipua. A. K. Aona, w. w. Blake, Alex G..
Nicholas.
Gussman is charged with having stab
bed to death a native named Kanehoa. in
the month of April last. The defendant
was living with the deceased and his
wife, and they quarrelled over some triv-
ial matter, resulting it is alleged in an
attack by Gussman upon Kanehoa with
a knife. The latter was stabbed in the
neck and died from his injuries a short
time afterwards. Five witnesses were
examined during the afternoon. and the
Territory has still more evidence to pre-
sent today. The court made an order
tOIIptilLlS ne jury 10 remain tOSelleT. |
and they viii be held in the custody of
a bailiff all night. Cots for their con-
venfence have been placed in the Su-
preme Court room, and they will be al
lowed to pass the night there, and are to
be held under as strict surveillance as
if considering a verdict.
RATHBURN GOES FREE.
VIM. X. Rathburn was discharged yes
terday morning upon a verdict Gf acquit-
tai. directed by Judge Humphreys. The
motion made by Attorney Robertson for
the discharge of the prisoner on the
ground that the facts set out as being
false were not material, was sustained.
but the Court decided that the grand
jury panel was regular and sustained
Deputy Attorney General Cathcart on
this point. The court held that if Rath-
burn had been killed by DR.. Carter the
crime would have been murder. and that
because the defendant was on the prem
fses of Carter gave him no right to shoot
without warning. DIR. Carriers relations
with this man were unfriendly." said the
Court. He was warned not to come on
premises. and that if he did he might
be treated as it is alleged he was treat
ed. When a man lives in the country, as
DR.. Carter does, / don't believe he has a
right. if he sees a man in his yard at 10
o'clock in the evening, to shoot him with
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 be compelled TO
instruct a verdict of not guilty on this
point. or if a verdfc& OF guilty was re-
turned, it would be my duty to set it
aside"
The jury was then called into court
instructed to return a verdict of not
guilty. the Court stating 8hat the prose
cutioi had failed 10 prove the materi-
atty of the allegations in the Informal
ton.
MARRIED BLISS WAS BRIEF.
Suit for divorce has been instituted by
Lena n. Adams vs.. Howard W. Adams.
On the ground of -non-support. The par
to this action were only married
January 9Th of this year by Rev. V. II.
Nitcat. In the petition it is alleged that I
ibellee, thought able to do so. has failed Y
provide suitable maintenance for his wife 7
nor has he zone so since the marriage. +
Il is alleged that defendant was en-
as purser on the steamers of the
.nter-Island Steam Navigation Company,
md during his absences from Honolulu
allied and neglected TO provide libellant =
With money sufficient to secure the nee
.ssaries of life. rendering it necessary
or her to borrow money TO pay board
nd other necessaries, and in March,
she was compelled to leave the a
house where she had been with q
er husband. and has since been depend G.
Mt upon her relatives" Custody of the le
HID one month old is asked. t.
HUSBAND WAS CRUEL. Il
Lisa Iokewe Kaholokai sues Ioweke
Iaholokai for divorce on the ground of
on-support and cruel treatment. They =
-ere married on April .. 1871. and lived
4 Hanalei. Kauai. until 1898. when they :,
to this city. The petition alleges !
since the month of February. 1901. 4,
he said hbeIlee has become d~issipated :
nd careless, spending his money in gam z
lg and other Unlawful and improper .
and has utterly failed IN Dr1viTo l