The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-05
A BAS POLICE SPIES
HUMPHREYS ROAsTs PAID IN
FORMERS.
Honolulu is Worse Than Any other
American Community in Prevalence
OF Cheap cpies

Objection to Jurors called to hear the
case of A. Kuhnst brought forth a
warm roast of the police spy system in
the first circuit court this morning
Kuhnst is the old German whose re-
markable resemblance i'm face to the
Transvaal President has earned for him
the nickname of Dom Paul and who
has had many police court experiences
in answering to charges of selling
liquor without a license When ques-
toned by Deputy Attorney General
Cathcart juror j. NJ. Sims declared
that he didn't want to hear the case
because he had a prejudice against the
testimony of paid spies. Cathcart chal-
lenged the juror.
Judge Humphreys denied the chal-
lenge for cause, reading from a Ne
braska Supreme Court decision holding
that while such testimony cannot be
excluded it is to be taken with caution
by Jurors. The court said:
"A man who will deliberately ingra-
tiate himself into the confidence of an
other for the purpose of betraying that
confidence, and while with words of
friendship upon his lips he is seeking
by every means in his favor to obtain
an admission which can be tortured
into a confession of guilt, which he
may play on the world, as a means to
accomplish the downfall of one for
whom he processes great friendship,
cannot be possessed of a very high
sense of honor or of moral obligation
Hence the law looks with suspicion on
the testimony of such witnesses and
the jury should be specially instructed
that i'm weighing their testimony great
er care is to be exercised than in the
case Of witnesses wholly disinterested.
It is doubtful if anything is really
gained in the administration of the law
from the admission of such testimony.
If it is answered that confessions are
thus obtained which could not other
wise be had it may be said in reply
that the same is true of the rack and
wheel by means of which confessions
were formerly forced from it's victims
but which eXnerience showed were en-
tirely unreliable"
Judge Humphreys added that he
didn't believe that there was another
community of the same size as Homo
lulu, on earth, except perhaps in Rus
sia or France, that was so infested
with cheap police spies as Honolulu.
'The custom of employing such men
puts a premium on dishonor and fills
the community with sneaks," said the
judge. He referred to a member of
the bar" who made an affidavit that he
listened at a keyhole
Most of the jurors expressed the
same view as Sims, and Cathcart eX-
hausted all his peremptory challenges,
and still had several men on the panel
who had expressed themselves as pre-
JUDGED against informers testimony.
Sims H. s. Levy, IT. G.. Bickerton and
Captain Bray were excused in success
sion. The jury finally accepted con-
sisted of the following: George w.
Macy, Joseph Richards, Jonah X. Ma
kila. George w. Harrison, r.. Wood
ward, G. K. Kaia, j. NJ. Davis r. A.
Dexter. Harry S. Swnton, j. Kahale-
pua, Guy Livingston, Alexander K.
: Agna
The witnesses for the prosecution
were Kailianu and another native who
went with him to buy liquor from
Kuhnst. and David Kaapa. 1t appear
ed that the first two witnesses were
paid $40 a month by KAPPA to do spe-
cial police duty. On the 23rd of last
July he gave Kailianu 80 cents to buy
some liquor from the defendant. The
two spies declared that Kuhnst had ac-
cepted 25 cents for a bottle of wine,
which was introduced in evidence.
The court charged the jury to receive
uncOrroborated testimony of paid po-
lice spies with caution, in accordance
with the views expressed in denying
the challenges of jurors.
The jury quickly brought in a verdict
of not guilty, refusing to believe the
two police spies, and the aged defend
ant was discharged.