The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-18
THE TRIAL
OF SABATE
The Governments
Case Has Been
Put In.
DEFENSE WILL
| BE MADE TODAY
Witnesses Tell of Letters They
Failed to Get Which
Sabate Had.

The trial of Jean sabate on charge
of violating the postal laws of the Unit
ed States will probably be finished to-
day The prosecution closed at
o'clock yesterday and the defense will
begin this morning. There was no in
timation of the line of defense in the
cross-examination of the governments
witnesses, unless it be claim that the
letters were not shown to have been
the property of the witnesses to whom
they We're addressed.
The evidence of the government was
to the effect that the defendant, Jean
Sabate went to live at the home of E.
S. Gill early in January, taking with
him personal effects. In April he left
the house, leaving behind various arti-
cles of clothing, etc. On September 2,
Mrs. Gill, while cleaning up, found the
effects of Sabate to be overrun with
cockroaches, and started to clean them
out. 1t was then that she found bas-
net 1olilD0I VI lCllSIS,
opened and unopened, which had upon
the envelopes the addresses of a num-
Der of people other than the defendant
The United States authorities were
then notified and Sabate requested to
take away his property, and he was ar
rested with the letters in his posses
sion
The persons to whom had been adj
dressed the letters taken from Sabate
were put on the stand, and testified
that they had never received the let
ters in question. To the question of
Mr. Breckons as to whether Sabate had
been given authority to open the mail
matter or to delay or detain it, each
witness answered in the negative.
Among the witnesses who so testified
were Rev. John Osborne Miss A. M.
Felker, Mrs. D. H. Case, Mrs. j. e.
Gurpey, Mrs. F. e. Blake, ]. w. Jones,
Miss P. Brickwood, G. A. Howard, E.
l.. Cutting, w. T. Lucas and W. H.
Newlands.
Mrs. Gill testified to the finding Of
the package of letters. L. T. Kenake,
assistant postmaster, gave the facts in
bate as a mail carrier, and of his duties
as such. R. w. Madden, postoffice in
spector, was the last witness and told
of the arrest and conversation had
with Sabate. This closed the case for
the government, following which Mr..
Fivas moved to have the evidence of
Miss Brickwood and G. A howard
stricken from the record on the ground
that they had not connected Sabate
with the opening of their letters. Judge
Estee denied the motion, stating that
exceptions having been tasen to the
admission of the evidence, it was suffi-
cient in case an appeal should be taken.
The evidence for the defendant will
probably be concluded today and the
case given to the jury Immediately.
The following jury was secured to
hear the case: j. r. Gilliland, George
Hawley, A. Nicholas, w. G. Schmidt,
E. B. Friel, w. A. Naylor, F. w.
Beardslee, A F. Bannistar, Joseph F.
KIyne, j. Steiner, H. E. Cares, S. Peck
A new rule of court, with which the
attorneys were evidently not well ac-
quainted, was brought out for the first
time by Mr.. Breckons in the peremptory
challenges of the jury This was to
the effect that the defendant in felony
case had ten challenges while the gov
eminent could have but three. There
was some question also as to whether
the defendant was charged with a
felony, but Judge Estee held that he
was.
Correa and J. NJ Vivas appear for
the defendant.