The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-05

| This man is legally dead, and yet they
| are trying to convict him again"
"A plea in bar must be in writing,
| said the court, and secondly, the ath-
daVit shows that this court released the
men from prison on the ground that
| they were convicted contrary to the
| constitution, and this court still adj
heres to that opinion. This court has
| held the convictions to be null and
void. and undoubtedly the Attorney
| General thinks the same thing, as he
had these men reindicted. But it
makes no difference what the Attorney
General thinks or says, though he talks
pretty loud at times, when he gets
! riled; they are proceeding now with
the trial, and for once the Attorney
| General and this court are in accord.
The court will deny the motion on the
ground that the motion upon which it
| is based was filed only for the purpose
of a continuance, and this court has
| held the previous conviction to have
| been without due process of law, con-
lsequently the defendant is not twice in
jeopardy.
| Mr.. Cathcart then continued with
statement of the case and what he eX-
pected to prove. He said he wouldn't
ask for anything more than a conyic-
ton for murder in the second degree.
His reference to the previous conviction
was ordered stricken out by the court,
and Judge Gear remarked that the jury
would be instructed not to consider any
| former conviction.
| Mr.. Biting renewed his argument for
a directed verdict of acquittal at this
| time, basng his motion on the state
ment of the Deputy Attorney General
relative to the first conviction. The
court again denied the motion, and DR..
Wood was called as the first witness
: for the prosecution. He testified to the
examination of William Gillespie at
HnSnit9l a
/ shooting, and said that death was caus-
ed by two gunShot wounds. The muir
dered man was brought to the hospital
May 16, 1899, and died the following
day. The bullets which were extracted
from the body were introduced in evil
dence for purposes of identification,
their final introduction being condition
ed on their connection with the defend
ant.
Sydney c. Boyd. the man for whom
the bullet that killed Gillespie was in
tended, was on the stand for the re-
mainder of the afternoon. He was a
very unwilling witness, and admitted
being a friend of Wade. He caused
considerable amusement by his an
swers, and descriptions of what he
termed the little shooting affair. An
effort was made to impeach the witness
upon his testimony before Judge Will
cox at the original preliminary exami-
nation, but the witness was exceeding
to any direct statements, one way or
the other. Boyd said he was the
butcher on board the Australia at the
time of the murder; that Gillespie was
a waiter, and Wade the cook.
do you remember the shooting on
the 10th day of May, 1892 asked Mr..
Cathcart
Il recollect that some trouble took
place then. 1t was two years ago, and
it is not very fresh in my recollec-
ton. I will try and give you little
Illustration There was a little shoot
ing and Gillespie died.
Tell us about it, suggested Mr..
Cathcart.
well, Wade was under the influence
of liquor; he and l had a little words;
the cartridge exploded; Gillespie came
along and got the bullet that was in
tended for me. He and Wade were
good friends, and so was I. 1 was in
the alleyway at the time"
What was you doing there?"
Il was going to the bar to get a
little smile. Wade said he was going
to kill me, and said (unprintable testi-
a regular by-word on al
American ships.
Saying he was going to kill you is /
that a by-word on vessels, too?' asked !
the Deputy Attorney General.
''Oh, yes; very common; very COM |
mon, sir
Continue said Cathcart
Then [ went up and told Wade he !
was under the influence of liquor, and
had better go to bed. Then a shot I
went off We scuffled, and / saw 1 !
was in for it, and went for him. Gill
lespie tried to separate US, but d man
with a revolver, and under the influ-
ence of liquor is not always play.
We'll, what happened then?" asked
Mr.. Cathcart, impatiently
Gillespie got shot and 1 ran" was
only
ago and my remembrance is not good
There have not been many occur
rences of this kind IN your life, has
there, where men got shot down right
at your side"
"Oh. yes; I've been to war;
What war did you serve imp
The New Guinea war"
rs that all you know about the
shooting?"
Gillespie, when he come up and
Wade shot at him, said: I'm not Sid
and Wade said, I don't care whether
you are or not and shot again I was
-etreating at the time, and didn't see
hat. though"
The witness proved very refractory
about this time. and would give no
details of the shooting. Then Mr..
CathcaTt brought up the testimony
given by Boyd at the preliminary
hearing, in which he had testffi.ed ex-
olicitly that Wade shot the man a sec
md time after he was on the ground
The witness. however, refused to deny
)r affirm the testimony at the police
,ourt, and Cathcart was finally allow
ID to let him go. Biting then began
DISCRIMINATION as to the state of
of Wade at the time, but
Cathcart objected to the question as
lot being proper defense, even if =
proven. This point will be argued at ]
he opening of court this morning.
-~c"