Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-12-08
CAN Dying WORDS
Be GIVEN JURY?


Proceedings in Judge Gears Grim
inal court, the Il. NJ. Jones trial for
murder, occupied all the forenoon.
most OF the time being taken up with
objections on the part of the defense
and protracted argument on the ad.
instability Of evidence.
When recess was taken the jury was
absent from the court room pending
argument on the right to admit as evi.
dence the alleged dying declaration of
Mrs. Sarah Parmenter. mother.in.law
Of defendant and one OF the women
Jones il charged with numbering.
Mrs. Parmenter. before she died, told
what she knew Of the tragedy that re.
suited in the death Of her daughter,
defendants wife, Mrs. Linda Jones, as
well as herself.
Attorney General Andrews contend.
ed that the statement made by Mrs.
Parmenter under the sense of ap-
preaching death was admissible.
a. G.. NJ Robertson and J. ]. Dunno
for defense argued that unless II could
be proved that Mrs. Parmenter knew
she was dying when she told her story
! her statement could not. according to
I the law. be properly admitted.
Counsel are still long way from
concluding argument on this point and
testimony is being taken for the ben.
eft Of the Court in deciding the ques.
ton, with the jury excused until that
| decision is arrived at.
! The sister Of the dead wife of de.
| PENDANT, Mrs. Lucas. was the first wit.
ness called to the stand by the prose.
"utiOn this morning.
Mrs. Lucas, arrayed in mourning,
| displayed considerable emotion in the
witness box while recalling Circum.
stances leading up to the alleged muir.
der of her sister and mother by her
brother.in-law.
She testified to trouble before the
tragedy, between Jones and his wife 4
family and to the arrest of Jones and
the pressing of charge or assault and
battery against him in the Police
Court.
, one OF the statements strongly oh,
jcCted TO by the defense was in re.
gard to an alleged threat made by
Jones in connection with the previous
ease.
Jones is alleged TO have said, speak
ing OF the assault and battery proceed
tngs: III | so to Jail for three years,
when | get out | will Kill all three OF
Z you" This alleged threat referred to
by witness in one OF her answers to
questions by the prosecution was ord.
cred stricken out after objection by
defense and considerable argument, as
/ hcGrsay.
District Magistrate l.. 4. Dickey fol.
lowed Mrs. Lucas on the stand and the
jury was excused while the admissi,
bility OF evidence connected with the
assault and battery trial in the lower
court was argued at length.
! Robertson held that evidence of 9th.
er ofenses. under the general rule, was
anair had no connection with the pres.
ent case.
Andrews said 1t was his idea to show
! that a certain feeling existed on Jones
mart toward the deceased He believed
he had a right IN nut In evidence that
wouId show This feeling connecting n
with the case at bar.
Indigo Diclsav was asked n tbara had
haen a case In his court against Jones
in which Mrs Pormanter was com.
nIaInant
In substantIatIon of tho allegation
that there was trouhIo In tho family
etc Andrews wanted IN nrove that
Mrs Parmenter had comnIained
against Tones
After argumant nm obiection Dickov