The Hawaiian gazette., 1902-10-24
WOULD
SHIFT
BURDEN
Defense Apparent
In Tanbara
Case.

tef0ay morning anu tne greater part Va
the day was spent by the defense in an
attempt to shift the responsibility for
the murder of Captain Jacobsen to the
shoulders of S. Otto. the japanese cook.
This was the line adopted in the cross
examination. the defense seeking TO
draw out admissions from the cook of
a statement said to have been made
in the presence of Chester Doyle, in
which Tanbara was advised not to inn
plicate Oto.\
The day had quite a sensational end
ing. Judge Estee ordering OTTO. the cook
to appear next Thursday and show
cause why he should not be punished
for contempt. The order was made be-
cause of Oto's refusal to answer and
evasion of questions put to him both by
the Court and the attorneys.
AS on the preliminary examination
the cook was a bad witness, and rare
ly answered question directly. At
times ii was necessary to repeat
question half 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
Lstee instructed the interpreter to no.
tfy Otto "to 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
the Court We're interpreted to him.
Attorney Thompson exercised his re-
naming 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. II. Wilkinson, II. II. Hughes, G.
H. Brown, NJ. j. Bissell, T. b. Friel, j.
j. Macdonald. Jonathan Shaw, w. F..
Sabin. j. p. Whine. W. II. Schmidt, w.
.. Atwater, l.. Il. G. 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 j. 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.
ii. f.. Thayer, the first witness, said
he was secretary of the f.. Is. Wood
Lumber Co, which had a onc-eighth
interest in the Fred j. Wood, and he
testified that the vessel had an Ameri-
can register. +. ]. Church Identified
photographs of the vessel taken by
himself, showing where the captains
body was found. Captain U. S. G..
White testified as to an examination of
the vessel, and DIR. 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.
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 stabbing
and tried to separate the captain and
the boy, though he was unable to do
so, and he then called for help. on
cross examination the witness said that
Gisaburo was not drunk but only sea
sick, He was questioned at length by
Mr.. Thompson as to his trouble with
the captain over the cooking, and
sweet soup" and denied that the cap
tain had accused him of making away
with rice, OTTO was questioned also as
To the disposition of his shirt, the init
nation being that he had thrown II
away because 1t had blood upon 1t.
Concluding his ross-examina ton,
MIR. Thompson asked regarding a con-
versation on the launch on the day the
Wood came into port, with the murder
ed captain on board Otto admitted that
he had talked with Tanbara on the
steamboat where there We're lot of
passengers.
did you say TO Tanbara at that time,
When We have trial you say you kill
today or tomorrow, and when ! confess
You go freeV" asked the attorney.
Objection was made 10 the question as
unintelligible, but the witness replied
II didn't say any foolish thing like
that
Did you not say 10 the defendant
not 10 talk al the trial and you would
see him throughY
u never said anything like that,
Was the response
The questions put 10 the defendant
bear upon admissions SAID 10 have been