The Hawaiian gazette., 1903-12-18
JONES' TRIAL
IS |MPtUtO
More Doctors are
Called to Give
Evidence.

sane is the answer severally given By
Drs. wayson, Miner, Sinclair and
Hodgins, called for rebuttal in the
murder trial, assuming that the de-
| PENDANT is the subject of the hypo.
thetical question the defense pro.
| pounded.
Drs, C. B. Cooper and w. L. Moore
were called by the defense in sure
buttal and sworn together. The in
| tention was divulged to be their exam
nation on the effects in after life OF
typhoid fever with which the subject
was supposedly attacked when five
years OF age, the four doctors in re-
buttal having diagnosed the symptoms
described in the hypothetical question
Of the defense as those of typhoid fe-
ver-not meningitis as DIR. Mays had
testified The object was to get the
professional opinion Of the witnesses
as to whether typhoid fever, assum-
ing the theory involved in rebuttal
correct would produce or account for
mental alteration in the subject. 1t
had been held by the rebutting doctors
that any such result would have worn
off, or be grown out of, at nineteen
years of age mentioned in the hypo-
thetical question.
Attorney General Andrews objected
to the proffered surrebuttal, contend
ing that it amounted to a new hypo-
thetical question. The defense had
staked its insanity theory on the evil
dence of meningitis and the prosecu-
ton in rebuttal had merely produced
witnesses to disprove the credbility
of DR.. Mays as an expert.
Messrs. Robertson and Dunno replied
that it was the prosecution which had
/ Introduced the typhoid fever theory
a, nd argued that the defense was en-
tit. Ned to rebut such theory.
THE COURT REVERSES.
Ju, lge Gear at first said he did not
see n, wv the defense could put new
hypoth etical question, but later took
the othe view that If the rebuttal evil
dence we mt to the jury unchallenged
the defen. We would be shut out Of its
entire thee ny of insanity.
Mr.. Andre ws recalled how the court
had ruled GU evidence offered by the
to disprove the theory of
the defense tn. at Jones was insane the
earlier part of the night of the killing
of Mrs. Parment,er and Mrs. Jones, on
the ground that rebuttal evidence was
not admissible to ditsprove a theory but
only to contradict evidence. The pros
ecution had no objection to evidence
contradicting the opinion of witnesses
that the subject of the hypothetical
question had typhoid fever in child
hood, but it did object to allowing the
defense to open up new case OF
insanity based on the theory that the
malady was typhoid fever.
Judge Gear ruled the evidence admis-
sible and after DIR. Wood was exam
ined on his qualification the hypo-
thetical question with typhoid fever"
in place of meningitis" was read to
him and DR.. Moore by Mr.. Dunno.
ADMISSION AND DENIAL.
DR.. Woods answer to the question
was that the subject was insane. He
admitted on cross-exanination that he
formed the same opinion after reading
the hypothetical question, as originally
put, in the Star of the previous even
ing. Although he said he came on the
stpnd with that opinion, he had lis
tened intently to the hypothetical
question as put to him. Under oath
if he could not answer the question
put to himself affirmatively, he would
he made a mistake in his
first opinion even had it been told to
everybody in town.
DIR. Wood said one per cent was
much too high an estimate of the
of people who became in
sane as n consequence of typhoid fe-