The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-18
INDICTMENT
NOW IS LOST
Another Turn to
Mccarthy
Case,
urom Saturdays daily)

urom Saturdays daiiyD
The case OF Mccarthy, charged will
assault IN the first degree, will probably
40 to the jury some time this morning
Tho oV dcnce was all In early yesterday
afternoon and the case ready for argu-
ment when another startling discovery
was made. The gT=.ad jury indictment
H. missing.
Deputy Attorney General Douthitt he
gan his argument by requesting from the
clerk the grand jury Indictment The
document was not forthcoming, but MIR.
Douthitt offered to continue without it,.
lie stated that ne mad the document
on the previous evening when II had
been read to the jury, and had then re-
turned IL to the clerk. He stated that
he had seen it given to Judge Gear yes
terday morning, and both the court and
attorney made search for the paper in
their pockets, but without success Mr.
Biting objected to procedure without
the Indictment. and Judge Gear said that
he would also need the paper in charg-
ing the jury. The case finally went over
until this morning, and Deputy Attorney
General Douthitt Is given leave to file
copy of the indictment, If the original
Is 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 by Mccarthy. Rev. Hiram
bihsham was the supJect Oh pitter az
tack on the part OF attorney bit'ihs
while giving his testimony. The witness
was called upon to testify to the bites
inflicted upon Katie Akai, she having
called upon him to dress the wounds af-
ter the alleged assault. Mr.. Bingham
insisted upon telling the story in his own
way, when Biting Interrupted him with
the rema., hat he Wouldn't permit any
mi mi mr. "a a Ga
to testify as If TREY were in a church.
Judge Gear promptly called the attorney
TO account and sald that the attack was
ha5 notbin1. 70 40 .,i,t, his tastin,nn,
~ Nj Dincbam testi6oa ,ha, there
u,aro a,,ts an L,,to, a,r,s n,, aa,
of human teeth ard mat 4, norton of the
rigbt car u,,s gore
Nrcartbv went on the stand 4, his
o,,, hah,lT ana mill D. ,,aao M diract
1ani,, 90 10 ah : % h i,sis,aa ,hat M,
rrnsao,,iin,. u,itn ,s go IIann ana
had started Tho bitiny tonrpanent lie
eybibitsd snverol marks unon his arm
ora Gnge, to the iurv which hp said
wnTe inaictod nv Kate Tho trouhle ali
started at n Iuai, accordin,, 70 NcCarth,
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. II 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 a common person.
and wanted to go out Tor good time.
There was little cross examination MI
Douthitt bringing out the sole point, that
Mccarthy had been convicted and sent
TO prison Tor month AT FORMER term
OF court Tor an assault upon ms whe'
ihe arguments TO the jury VIII Degih
tnts i MOI, ns, anu ene case s''o"'u 10
""''e' oe''i. Iool''
Chas. Maiaia' naive, 20 years OF age,
VINO was charseu win nakihB IMPROPER
advances towards giis OF less tnah iour-
teen, was acquitted py jury IN Judge
nooinsohs court yesterday aiterhoon'
inc TWO remaining indictments LOT SINH
lar oHehses went over 10 the next tenn
OF court.
me conclusion or the McCarthy case
To-Day Will END the present term OF court.
The remaining criminal cases We're all
continued yesterday 10 the May term,