The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-10
VERSIONS OF THE STOkY VARY
DOCTOR CARTER PRODUCES MAP
TO WHICH THE OPPOSING
kTToRNE YosJECTs.
The Objection Is overruIed-Dr. Car
tiers Testimony Could Net BE
Shaken Upon cross-Exsminstion
-variouc Court News.

The perjury charge brought against
VIM. K Rathburn, the former district
Judge o. Koolau by the late grand
jury. was before Judge Humphreys
yesterday. and occupied both morning
and evening sessions OF the court
There was some little difficulty in
securing q jury. Each juror was
questioned separately and when
Captain Swinton was reached he
stated that his mind was fully made
up regarding the case and nothing
could change his opinion already
formed he spoke plainly and IN
hesitatinEly and was excused for
cause.
The following jurors composed the
panel. J x. Musberger, G. X Kaia.
J Kahaiepua, X Nakila. Edward
Woodward. David Motley. John l..
Hansman. Herman Levy, Edwin X.
Blake. George W Macy. y. c. BECKER
ton. Alexander c. Nicholas.
Deputy Attorney General Cathcart
conducted the prosecution, and Attor
ney a. c. NJ. Robertson defended
Rathburn The first witness for the
prosecution was Charles Wilder, clerk
OF the grand fury. before whom the
defendant appeared. and his testimony
was substantially as follows:
Rathburn claimed that he left his
home at KoolaG at S p. m. Sunday,
July 18th last. with the intention of
going TO kahuku 20 spend the night
with a friend. who was head luna If
the Kahuku plantation. He further
testified that he went alone and in
passing Dr. Carter's house which was
directly upon his road he noticed a
bright light in a certain window. and
stopped few minutes and during this
time heard two pistol shots. He then
rode on. and noticing that a heavy
rain storm was coming up turned and
retraced his way home. abandoning
the idea OF spending the night with
his friend. He further claimed that
during all this time he had not dis
mounted from his horse.
Strange 10 say, when he was pre-
pairing TO retire he noticed the re-
markable fact that he had been shot
twice This testimony of Wilder was
corroborated by three members of the
grand jury respectively. L. Tenny
Peck. Moses Nakuina and Josiah T.
Crawley.
At the converting Of the afternoon
session. Fred Frendenburg. book
keeper for the Kahuku plantation.
took the stand. and his testimony did /
not compare very favorably with that
OF his friend Rathburn's, given before 4
the grand jury.
II will be remembered the defend
ant testified that he was entirely alone
during the whole evening and was
wantonly shot while sitting upon his
horse in front OF DR.. Carter's resi-
dence
Frendenburg. who evidently gave
his evidence with great reluctance,
said In response TO direct questions.
propounded by Deputy Attorney Gen
eral Cathcart: Il was with Rathburn
az 1850 the Sunday evening in Ques-
ton. We started on horse back to
my place. When we had passed DR..
Carriers home about one mile a heavy
storm came up. and the defendant
decided 20 return TO his home. and /
did not see him any more until l
heard next day that he had been
shot"
Or Carter followed and said: at
10 p. m. started TO walk around my
place to see that everything was safe,
IL commenced 10 rain violently and |
ran into my lanai 10 escape the storm.
and when there heard "a peculiar
whistle lone that I had heard before)
and a rustling in the shrubbery 1t
was intensely dark. but saw q form
rise up near the side of the lanai and
I shot twice with SScalibre revolver.
then ran through the house and
called Mr Kinney. who lived upon ny
place. I did not know who had
shot, bat thought it was a man.
did not hear that Rathburn was shot
until the next day"
Dr. Carter's testimony could not be s
shaken upon cross examination. He
had produced q drawing of his place c
which appeared in evidence. TO which
Attorney Robertson strongly object
d. The court Overruled the objec-
ion and an exception was noted.
J ". Kinney then took the stand.
out his testimony did not produce any
new features.
AT o'clock the court adjourned IN /
N 10 O'Clock this morning. IL
Divorce Granted Chinese Wife.
In the divorce suit OF All Young VS.. \
Wong NEh zee. which had a hearing
IL Judge Humphreys court at the
session Saturday. decision
sas handed down yesterday morning b
granting the divorce. and directing 2
he defendant 10 pay an attorneys
sc OF $50. Both plaintiff and defend ]
IA are Chinese and the charge was :
rueity and abusive treatment This !
ase was something OF a novelty as a
'hinese divorces are rare. a
Wants Pay For Work Done.
II the case OF Oscar Sellers VS.. Lee A
oBg and wife. q notice OF lien OF Z
has been filed. The com =
laint states that the contract price
work done amounted 10 SlSe. and
} far, he has only received payment a