The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-14
NAKAMURA
RELEASED
Evidence Of Boy
Ruled Out by
Court.
JURY ORDERED
TO ACQUIT
Business of August Term Will be
Finished Today and Both
Juries Discharged.

| AS was anticipated thursday, the Ma
kamura manslaughter case fell through
yesterday The boy Hideo was not al
lowed to testify by Judge Gear, and with
nothing but circumstantial evidence left
for the consideration of the jury, the
prosecution offered to nolle prosequi the
case after motion to instruct for &C.
quittal had been argued. Acting upon
the instruction of the court P. c. Jones,
as foreman for the jury, signed YER
dict of mot guilty and the prisoner
became free man.
The Nakamura case was taken up the
first thing yesterday morning, and Judge
Gear heard arguments upon the admis-
sion of the boys testimony for nearly
the entire morning. 1t was admitted
that the child, under the general rule Of
| the Hawaiian statutes hold that the court
must first satisfy himself that minor
| thoroughly understands the nature of an
| affirmation or oath. Court was finally
adjourned until 1 o'clock, at which time
Judge Gear promised to render his de-
| cison.
| When court reconvened in the after
noon, the old argument was reopened as
to the boys knowledge of God, and final
lily he was again placed on the stand and
questioned by the Court.
DO you know that besides the pun
ishment by God, you will be punished by
this court if you do not tell the TRUTH"
asked Judge Gear.
| Il do" replied the boy.
| ''And that if you are guilty of perjury
you can be sent to jail for much as
twenty years?''
| Il don't know anything about that"
| ''If you don't tell the truth, you will be
sent to JAIL
| Il know that
| DO you know what a jail is?'
II have never seen one, but 1 have
| heard people tell about it,
do you want to be punished and sent
there?
mo, 1 do not."'
Would you rather get a whipping
| from your father for telling a lie, or go
to jail?"
Il would rather get whipping"
do you know any difference in telling
a lie in court anG out of court?"
mo, l know no difference"
| This concluded the boys testimony. and
Tile COuil lHeu ISlu tIdI lie SnOulQ NOT
be allowed to testify as to the facts of
the case on trial. I'm deciding this
point" the court said, IT have done my
best to have this boy qualified as a wit
ness, but cannot say that 1 feel salts
fed that he thoroughly understands the
nature of an oath or affirmation. 1 don't
believe he has the perfect understand
ing which the statute requires that
he shall have. can see that the statute
is not a good one. but do not feel JUS
titled in legislating upon the matter,
though some courts have gone that far.
l am perfectly willing that the boy SHOULD
testify, if 1t is possible for him to do so
legally; no doubt he understands what
evidence is required of him, and he is
competent to testify under the author
tiles cited, but not under our law
The prosecution then introduced two
more japanese witnesses, both of whom
had seen Nakamura go into the house,
and later heard sounds as if of quarrel
ing; but no one had actually seen what
had occurred. That story Is locked up in
the boys breast, under the peculiar con-
struction of the statutes of the Territory.
and without his evidence there was never
much hope of a conviction. DR. McDon-
aid was also placed on the stand again
In rebuttal, but little additional infor-
nation was obtained from him.
Upon the conclusion of the prosecu.
ton Attorneys Davis and Wilder asked
! the court to instruct the jury to return
verdict of mot guilty." upon the
ground that the Territory had failed to
prove their case, by the circumstantial
evidence presented. The jury was ex-
cused while the attorneys presented their
arguments to the court Attorneys Dou-
init and Brooks contended that the evil
oence was sufficient to go to the Jury
as the testimony of the witnesses showed
snat there had been a quarrel and that
Nakamura was the only one in the room,
with Toma at the time, excepting the
ooy; and also that the evidence Of DR.
hcDonald was sufficient to prove that
the death of the woman was due to