The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-25

| Attorney General Andrews rested the
respondents case in the Mikala Kaipu
habeas corpus matter shortly after 8
p. m. Friday. Mr.. Ashford, after call
ing President Pinkham of the Board of
Health. asked for a continuance until
| after Monday, which was ultimately
granted as related below.
His chief reason, when the Attorney
General had asked for reasons. was
that he desired another examination to
be made by his two expert witnesses
with the addition of third. This was
on account of positive evidence given
by some of respondents witnesses,
which went to contradict a theory on
which in part the petition was prose-
cuted. The theory was that the ba-
cilli were commonly to be found in the
nasal mucous membrane of a subject
affected with the disease. Now the
Board of Health experts had found that
condition absent in this case yet un-
hesita tingly pronounced the person in
question to have the malady. If the
supplementary examination he desired
should result in a report sustaining the
official diagnosis, it was possible if
not probable that he would not call
any more witnesses for the petition.
Mr.. Andrews thought the hearing
should continue next morning giving
ample time for the experts on the other
side to report. His objection to de-
lay was that the thread of the case
would be broken. Already petitioners
counsel had forgotten material portions
of the testimony, as shown by a state
ment he had just made that the re-
spondent's sole reliance was on the
diagnosis of DR.. Mcdonald, whereas
two other physicians had testified to
their conviction that the case was one
for segregation.
Mr.. Ashford argued that there was
no occasion for hurry, as the subject
was in the custody of the Board of
Health for the United States. He as
sured the court, as he had the Attor
ney General, of good faith in asking
for continuance. The request was not
merely for the sake of the poor woman
involved, but in the interests of sci
ence and of justice.
Judge Dole took it as a matter of !
surprise in the case, making it only
right that time should be given, and
continued the hearing until Wednes-
day at 10 o'clock.
the second day We're DR.. Mays, DR..
Herbert, DR.. Cooper, DR.. Mcdonald and
Secretary Charlock of the Board of
Health Some of the physicians, espe-
cially DIR. Mcdonald, the Government
bacteriologist, denied certain theories
on which counsel for the petition evil |
IDENTIFY placed much reliance. When |
Secretary Charlock was giving oral evil
dence on the medical report in Mrs. |
Kaipu's case which he produced, Mr.. |
Ashford objected with the contention |
that the best evidence of the wonaan's |
committal to the Settlement was avail |
able in the minutes of the Board of
Health.
Judge Dole sustained the objection |
and the witness went out and fetched |
in the minutes of the meeting at which |
the resolution committing Mrs. Kaipu |
and eighteen others was adopted
The resolution did not name tie per-
sons committed and Mr.. Ashford NOV
ed to strike out the entire evidence of |
the witness as irrelevant and inmate
rial
Judge Dole overruled the objection. |
observing that the Board of Health, |
having to perform such duties month |
after month, year in and year out. had
a practice of being very con-
else in it's records. Yet the minutes, |
being connected with the report of the
examining physicians III Mrs. Kaipus
case, should be accepted as evidence.
This case might, however, convey a hint
to the Board to make its commitments
more explicit on the record henceforth.