The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-13
JUDGE GEAR STRIKES
HARD PROPOSITION
COMPETENCY OF 4 WITNESS
QUESTIONED sY THE ATToR-
NEYs AND THE COURT.
Whole Afternoon Spent in Trying TO
Find Out If a Ten-yesr-oid Jap
anese Boy Believed In God or Not
Court Notes.

Judge Gears court concluded in a
tangie yesterday afternoon over the ad-
instability of the evidence Of japanese
boy ten years Of age. the question being
as to whether or not the little fellow un
derstood the meaning and force OF his
oath TO tell the truth The case was that
OF Nakamura, charged with manslaughter
IN the hrSt degree Defendant was in
dicted for having caused the Death of $
japanese woman BIZ a blow on the back
OF tile head on August l. The boy. in
PRODUCED as witness. IS the son of the
dead woman.
Assistant Attorney General Douthett
appeared as senior counsel for the gov
eminent. He was assisted BY f. NJ.
Brooks. George A Davis and 4. 4. Wi
der represented the defendant The jury
was composed of the following: ] Fab
Ian. W. 4. Baldwin, D. Hoapili. p. C
Jones, Frank Harvey. f. s. Holt. "
Blaisdell- H. f. Bertlemann. r. w Da
Wis. Jos Andrade 4. +. Viekers and F.
c. Bertlemann
The husband of the dead woman was
the first witness. He stated that Naka-
mura had~ealled at the house and had had
quarrel with his wife about some diff
Guilty between their respective children.
There was a scuffle and when witness
rushed into the room the woman was "
ing upon the floor and soon died. In
the afternoon the sen of the woman. who
was an actual witness. il is claimed. was
called. The question Immediately arose
as TO whether or not he understood the
meaning of the oath he had taken. He
was questioned by all of the lawyers and
was also closely Intercepted closely a
couple of times by the court Accord
ing TO his statements he believed he
would be punished if he told falsehoods.
| but believed that the punishment would
be temporal and there would be no here
after. The boy proved exceedingly
| shrewd for his years. and kept the law
yers guessing all the afternoon. The at
torneys We're still supplied WITH questions
/ TO ply when the court adjourned for the
night. The little fellow win be question,
ed further this morning. and the matter
of the admissability of his testimoGf will
+! be determined by the court.
! DUE ng the 'Tin there was littis !.
between George A. Davis and F NJ
| Brooks on account of the fact that
/ Brooks had warned the boy witness TO
| tell the truth on the stand. Davis main
/ tanned that this conduct was contrary
TO established rules. but Brooks held that
it was allowable and customary. s. VI
Damon was excused as a juryman be-
cause. he said. he had been associated
| with the government long time and that
the fact that Nakamura had been com
| mitted by the District Court would pre-
judice him against the defendant
W. W North has fled suit against F.
]. and W. ". Cross on a note for 500
The Sumner case went over suddenly
! in Judge Little's court yesterday after.
noon to next Tuesday. and for unusual
reasons 1t appears that evidence has
turned up that will drag the case out for
4 = IL. II.
Saturday il would be quite impossible to
finish it. When this discovery was made
there was conference between counsel
and Colonel Fitch. for the petitioner
moved for postponement TO Tuesday. "
A. Kinney. attorney for respondents
made no objection and the case weni
over.
The case of David Dayton. guardian
VS.. Helen K. Rowland ct al. ejectment
was dismissed ON motion of the plaintiff
without prejudice. Unless the matter i:
settled outside another suit will be in
stituted. The property involved is OF
Alapai street. opposite the headquarters
of the Rapid Transit Company.
G. F. Gouviea vs.. Thomas r. Walkel
ct al trespass. will be heard first thin,
Monday morning. Gulstan f. Ropert
trustee. VS.. Solomon Kauai ct al eject
ment will follow it. Honolulu Invest
Hitil AulnpdDt Ihticu tNONiduu Ct al
quieting title, will be heard as soon as i
can be reached.
Judge Gear has signed decree in tn
Wahiawa land case. directing that En-
meluth's lease TO the land be turned int
court atonce.
, In the matter of H. May & Compan
! VS. Waikiki Beach Company. the attach
ment on the property was yesterday dis
missed by Judge Gear on motion of III
: n Amy. -
: James G. Spencer has filed petition i
the Circuit Court for the appointment G
W. o. Smith as ancillary administrato
of the estate of his sister. Eva ]. Spencel
who died in New York few months ag,
The case of John Loeffler VS.. Palam
Cooperative Grocery Company. assumI
sit. will be taken up by Judge Little Sa
urday morning.
Commissioner James A. Thompson wi
sell the Lazarus buildings and lots
Punchbowl street. at u o'clock noon Sa
urlay. Colonel ". f. Fisher win wiel
the hammer.