The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-06
TESTIMONY OF
SPIES BELOW FIR
Court Calls Attention
to Unrelia bilaty Of
Informers.
JURY QUICKLY lGQuI1s KUHsI
ONLY EVIDENCE AGAINST HIN
WAS PRESENTED BY
POLICE SPIES.
Henry Smith Must Pay Into Court the
Amoun; Allowed Cartwright From
HoIt Estste-mrs. Castle Asks
Her Discharge as Guardian.

Paul Kruger, was in Judge Humph-
rey's court yesterday morning, charg-
ed with selling liquor without license
and a half filled bottle Of peculiar
looking concoctiOn was produced N
evidence By the prosecution, which
claimed that from this bottle had
been sold the intoxicants mentioned.
Deputy Attorney General Cathcart
conducted the prosecution, while At
torney l.. ". Strauss represented the
defense.
In the beginning of the case it was
developed that the only evidence that
could be produced against the defend
ant was that OF spies who accepted
remuneration for their testimony.
The panel of the jury was COM
posed of J. NJ Sinimo, H. c. Bicker-
ton, Isaiah Bray, Joseph Richardson,
Geo. X Kaia. Geo. w. Macy, Edward
Woodwork, James Kalalepua, Jonah
X. Nahila. John Livingston, Ruby a.
Dexter, but upon being asked the
question If any of them would refuse
TO convict upon paid testimony and
the spy system, three. Messrs. ]. NJ.
Simms, II. C. Bickerton and Isaiah
Bray informed Deputy Attorney Gen
eral Cathcart that they were adverse
TO such mthods on general principles,
and he used his three peremptOry
challenges and they were excused.
H. S. Swanton, G. w. Harrison and
Alexander X. Aoni were substituted.
At this juncture Judge Humphreys
informed the jurors that. while they
We're the sole judge OF the testimony
of witnesses, they should receive that
OF paid informers and spies with ex-
IRENE caution, and should not convict
upon such testimony except after
the utmost deliberation. and unless
they believed it to be corroborated by
other facts and circumstances in the
case. which. when coupled with such
testimony. satisfies the jury of the
guilt OF the accused beyond a reason
able doubt and to a moral certainty.
In support of his remarks the court
read from the American and English
encyclopaedia OF Law, page III, in
Heidi VS.. State, 20 Neb. 492, as fol-
lows:
"A man who will deliberately in
gratiate himself into the confidence
of another for the purpose of betray-
ing that confidnce, and while, with
words of friendship upon his lips, he
is seeking by every means in his pow
er to obtain an admission which can
| be tortured into a confession OF guilt,
which he may blazon to 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 moral
obligation. hence the law looks with
suspicion on the testimony of such
witnesses. and the jury should be
| specially instructed that in weighing
their testimony greater care is TO be
exercised than in the case OF wit
nesses wholly disinterested.
"Prenit VS. People. 5 Neb. 81.
THE weight TO be given to such
evidence is a question for the jury and
cannot be urged against its admissa-
bility.
THE confession seems to have been
voluntary. although made to one who
deliberately and repeatedly deceived.
and made false statements to the
plaintiff to obtain IL
1t is doubtful If any thing is really
gained in the administration of the
law from the admission of such tes-
agement of the courts of the practice.
II it is assumed that confessions are
thus obtained which otherwise would
not be had. ii may be said in reply
that the same is true of the rack and
wheel by which means confessions
were formerly forced from its victims.
but which experience showed were en-
tirely unreliable.
so far as appears. the plaintiff con-
fided in this man as his friend and
was BETRAYED by this protested bene-
factor. The testimony of such man
may be entitled to but very little crel-
ence. yet it must be submitted TO the
jury"
The witnesses for the prosecution
were Kailianu and another native
Who went with him TO buy the liquor
from Kunst. and David KAPPA II ap-
peared that the first two witnesses
were paid $40 a month bv KAPPA 10
do special police duty. On the 2Srd II
last July be gave Kailianu fifty cents
TO buy some liquor from the defen-
dant The two spies declared that
Kunst had accepted TWENTY-FIVE cents
for q hottie OF wine, which was In
trodnced in evidence.
After short arguments by counsel
the case went to the Jury. which. in
five minutes. rendered verdict of &C.
quittal.
The court then adjourned for the
dsv owing 10 other cases not being
ready.
Order in Holt Estate.
The decision of Judge Gear in the
matter OF the estate OF Robert II.
Holt. deceased. was fled yesterday
and reads as follows:
The masters report shows that
the sum of s2i14-70 was paid 10 the
Holts over and above their income.
of the estate.
This the frnsfae was NOT authorized