The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-15
MEnT
NOW IS LOST.
Another Turn to
Mccarthy
Case.

| The case OF Mccarthy. charged with
ASSAULT in the first degree. will probably
20 TO the jury some time this morning.
The evidence was all in early yesterday
| afternoon and the case ready for arEu-
ment when another startling discovery
was made. The grand jury indictment
Is missing.
| Deputy Attorney General Douthitt be
gan his argument by requesting from the
! clerk the grand jury Indictment. The
document was not forthcoming, but Mr..
Douthitt offered TO continue without IL
He stated that he had the document
on the previous evening when II had
been read TO the jury. and had then re-
| turned II to the clerk. He stated that
/ he had seen IL given to Judge Gear yes
terday morning. and both the court and
attorney made a search for the paper IN
| their pockets. but without success. Mr.
Biting objected to procedure without
| the Indictment. and Judge Gear said that
ne would also need the paper in charS-
ing the jury. The case finally went over
until this morning, and Deputy Attorney
General Douthitt * given leave TO file
"a copy OF the Indictment. II the original
l. not found.
The testimony in the case was practi-
cally the same as had been presented be
fore Kate Akai testified To the assault
made upon her. and enumerated the bites
inflicted 10y Mccarthy. Rev. Hiram
Bingham was the subject OF a bitter at
tack on the part OF Attorney Fitting
while giving his testimony. The witness
was called upon to- testify as To the bites
inflicted upon Katie Akai, she having
called upon him to- dress the wounds al
ter the alleged assault. Mr.. Bingham
insisted upon telling the story in his own
way. when Biting interrupted him with
the remark that he wouldn't permit any
missionary. or minister. or anyone else
To- testify as If they were in a church.
Judge Gear promptly called the attorney
10 account. and said that the attack was
uncaled for. and that mans vocation
had nothing TO do with his testimony.
Rev Mr.. Bingham testified that there
were marks on Katie's arms, and ear.
OF human teeth ana that a portion of the
right ear was gone,
Mccarthy went on the stand in his
own behalf. and while he made no direct
denial OF the charge, he insisted that the
prosecuting witness was To blame. and
had started the biting tournament. lie
exhibited several marks upon his arm
and finger to the jury. which he said
were inflicted by Katie. The trouble all |
started at "A luau. according to Mccarthy. |
and liquor flowed rather freely. the de |
PENDANT having brought home some |
sailor friends to enjoy the festivities. He |
said that Katie had promised to swear |
off drinking upon New Years day. and |
then they Were to get married. Il was |
happy. everyone was happy" said Nc |
Carthy. in eXtenuation of the alleged |
crime. Katie said she was the queen of |
her country. and not common person. |
and wanted TO go out for good time"
There was little cross examination. Mr.. |
Douth!tt bringing ont the sole point. that |
Mccarthy had been convicted and sent /
10 prison for month at "A former term
IF court. for an assault upon his wife.
The arguments to the jury will begin
his morning. and the case should b.
before noon.
MALAIA GOES FREE AGAIN.
Chas N1alaia. native. - years Of age.
Who was charged with making improper !
idvanceS towards girls of less than four |
cen. was acquitted by a jury IN Judge |
Rob.nsOn's court yesterday afternoon
Thc two remaining indictments for SINH
ar offenses went over TO the next term
II court.
The conclusion of the Mccarthy case |
Oday will end the present term Of court.
fhe remaining criminal cases Were all
continued yesterday to the May term.
md will be heard then. The criminal
alendar is practically cleared.
COURT NOTES.
i. u. KeIlet. Jr.. as master. reported
Ipon the accounts OF J. f.. HaCkfeld in
ne matter OF the Ehrlers minors guar
ianship. The master finds that the
ustEllal mas oNtttudTEtu himself With
IA interest. The master recommends
hat guardian be required to file new
ond. the Old surety having died.
John II. Wilson has filed a motion ask
NJ the return OF the fine OF 800 imposed
y Judge Humphreys for d.sobey.ng the
Injunction granted in the case of Terri
DRY ~. Lil.uokalani and Wilson. The
supreme Court recently decided that the
efendant had the right To remove the
and for which act he had been fined.
iUPREME COURT RE IERSES LIT
TIE.
Judge Little was reversed by the SUI
RENE Court yesterday in the case of
'crritory Y. All Quoug, the Chinese
CRYING n life sentence for rape. The
over court allowed oral exceptions and
hen refused to sign written exceptions, ]
n the ground that the case had not !
cen finally disposed Of The Supreme
curt reverses Little and allows the eX-
options. hut holds that il cannot hear /
be case until final disposition has been :
made by Judge Little. The opinion Is
.rittsu ty- Chief Justice Erear