The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-24

OOOOOOSOON1ON
~ answered a question directly. At
times it was necessary to repeat a
question half a dozen times, and the
witness was Warned that he should be
more careful. Questions were put to
him by Judge Estee also. which were
productive of no better results, and the
Court was finally compelled to give up
the examination in disgust. At the con-
clusion of the cross examination Judge
Estee instructed the Interpreter to no.
tify Otto ito appear one week from to-
day to show cause why he should not
be punished for contempt of court in
swearing to tell the truth, the whole
truth and nothing but the truth. and
then refusing to answer questions and
evading others; in that way obstruct-
ing the course of Justice" Otto seemed
not much concerned when the words of
rIHSz--s,v,er--
Attorney Thompson exercised his re-
manning four peremptory challenges
yesterday morning by excusing c. A.
Hall, A. W Meyer, Ed. Towse and
Richard Davenport This left the jury
which was finally sworn to try the case
composed of the following men:
w H. Wilkinson, T. H. Hughes, G.
H. Brown, NJ. ]. Bissell, E. B. Friel, j.
j. Macdonald, Jonathan Shaw, w. F.
Sabin, ]. p. Winnie, w. T. Schmidt, w.
.. Atwater, l.. E. c. Parish.
United States Attorney Breckons
made his opening statement to the jury
Immediately He first said he would
prove the jurisdiction of the court by
the fact that the Fred ]. Wood was an
American vessel and the crime was
committed on the high seas. He then
referred to the evidence which he said
would show that the murder was COM
mitted by the defendant with knife,
which was taken from his hand by
force.
H. E. Thayer, the first witness, said
he was secretary of the E. K. Wood
Lumber Co, which had one-eighth
interest in the Fred ]. Wood, and he
testified that the vessel had an Ameri-
can register. F. j. Church identified
photographs of the vessel taken by
himself, showing where the captain S
body was found. Captain U. S. G,
White testified as to an examination of
the vessel, and DR.. Holt testified as to
the wound found by him upon Captain
Jacobsen's body He said such a stab
would cause instant death, and the
captain could not have lived five sec
onds after the wound in the groin had
been inflicted.
S. DO was the first important wit
ness. He is the japanese cook who was
accused by the cabin boy at the first
hearing of being guilty of the murder
His story differed very little from that
told at the first hearing. He was just
as slow to answer, however. and often
evaded the question entirely. He testi-
fed that the cabin boy was drunk and
he had mad trouble with the captain
He said that he had seen the stabbins
and tried to separate the captain ano
the boy though he was unable to dc
so. and he then called for help OR
cross-examination the witness said thai
Gisaburo was not drunk but only sea
sick. He was questioned at length by
| Mr.. Thompson as to his trouble witt
| the captain over the cooking, ant
sweet soup and denied that the cap
tain had accused him of making away
with rice. Otto was questioned also a:
to the disposition of his shirt, the init
nation being that he had thrown i
away because it had blood upon it.
Concluding his cross-examinati ton
Mr. Thompson asked regarding con
versation on the launch on the day th'
Wood came into port, with the murder
ed captain on board. Otto admitted tina
he had talked with Tanbara on tn