The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-13

10 tue ground, was the astonishing re-
ply.
rs there no other punishment
Yes. there are many ways Some
times man accidentally gets killed"
Is that the only way He can punish
you? asked attorney for defendant.
| God Furnishes as He sees fit
How do you know that?"
4 know He Furnishes when 1 do not
! tell the TRUTH
How did you get the idea about the
| seeond-story Window
| Il was told that in church,
"Who by?''
by the preacher. the white man"
| Did he teach you that?''
] The white man taught me that If a
man didn't tell the truth, Christ would
punish him
In what way?"
| God Furnishes in many ways"
Did the attorney take you to his Of
! fee. and tell you that you would be pun
ished if you told a lie?''
Yes, he did, pointing to Mr.. Brooks
| This answer stirred up Mr. Davis
again, and the argument began, the lat
ter claiming that the conversation with
the attorney was enough to disqualify
the witness. Brooks argued against that
claiming that what he told the boy had
nothing to do with the case as II was
| always the custom to first hear what the
witnesses had to say. The arguments
occupied over an hour, and the boy who
had been left on the stand, was again
sever ) crsss-examined.
Did Ecu ever tell a lie?. asked the
! Co...
y reEer ID. responded the boy
Did you ever know of any of your
boy friends to ten a Eey''
Yes
What happened - them How were
they punished"
"0ne of them fell down and cut his
knees and another hurt himself and
died"
Would you be punished any more after
you had taken an oath and raised up
your hand, than if you didn't
NO, l think not"
1 Would YOU be punished any more for
telling lie outside of court than in the
court-room?"
II cont think So
Would you consider your oath more
binding if you had raised two hands than
if you raised only one?''
lit would be better if / raised both
hands,
Another long argument followed, in
which Theology sat patiently, and was
again rigidly questioned. He was finally
asked whether he meant the Japanese
God or the American, God would punish
him. and said it was the japanese god
i he meant.
What would the Japanese god do if
you did not tell the truth asked the
Court.
He would destroy my eyes
How many gods are there?"
"A good many.
| That many?" asked the Court, hold
ing up both hands.
| Yes, about that many
How many Jesus ChristS are there %
"Of what country do you mean ~
! That ended the questioning of the boy,
and the attorneys argued as TO the right
of the boy to affirm, if he was not allow
ed to take an oath. The Court said he
did not know how he could administer
an oath to a Japanese god and was in
clined to believe that the boy did not
understand the nature OF an oath. and
had no more fear of punishment from
the Court because of an oath than he
would without the oath. The prosecu-
ton urged that the matter was one en-
tirely within the discretion of the Court
4 and that the jury could receive the evil
dence for what it was worth. Judge
Gear refused to take that view OF he
case, and intipated that re would no,
allow the hoy to testify. He said he
) and pass upon the admissbiiity of the
tevidence at the opening of this
morning.
The boy said that he ha.i been going to
school for a year and attending I'alama
Church, had been in Hawaii but ;wc
years, and was born in Japan. f1e was
unusually intelligent for c,,ild of his
age, a point which both court attorneys
and jurymen conceded after they hat
| tpl-
NOBRIGGA CONTEMPT CASE
Nobrigga the Portuguese, who Wa.
cited to appear and show cause why h.
should not be punished for contempt
failed to appear in court yesterday. In
stead, however he had obeyed the ordel
; of the court and had paid to the clerk
Henry Smith, the weekly allowance mad
, 10 his divorced wife and also 5000 as at
: torneys feces
LITTLE WILL. REMAIN.
Judge Little will not return to Hile a
he end of the present term. but will re
! main and hold court during re spec!a
term which begins next Monday. He vii
? finish the hearing of all the casss i
which Judge Gear is disqualified. ana b,
energetic work of both Judges the cal
endar will be quite materially cleared ii
before the October session.
I Inc grand anu pttit IuiitS hoi ttit Spe
e cial term will probably be summone'
4 some time tomorrow, unless the mem
: bers can all be reached today.
ATTACHMENT DISSOLVED.
The attachment procured by Henr
= May 4 Co. VS.. The Waikiki Beach &C
. was dissolved yesterday by Judge Geai
n Defendant argued that he was secret
4 ing his property, disposing of IT, an
that the law did not permit an attach
: ment The court sustained the coater
ton of defendants attorney, j. A9-Ma
|, COON and dissolved the attachment.
MISTRIAL IN LAND CASE.
d The case of Gulstan f. Ropert, trustee
| of John K. Sumner. VS.. Solomon kaus
Y ct al. was dismissed by sttpulat ton yes
II terday the jury disagreeing. This actio
e was taken yesterday afternoon when
$ became apparent that the case could nc
y be concluded before the expiration of tn
presentSs term The case was dismisse
and set down as a mistrial, to be take
up Tuesday, Sept. 18th. of the spects
n term. The expense of the mistrial is I
n be borne equally by plaintiff and defend
: ant.
It CASE DISMISSED.