The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-01
LAWYERS
ARE WARNED
To Avoid Remarks
Prejudicing
Jurors.
,Trom saturday.s Advertlser.l

,From Saturdays Advertiser.)
Judge Gear yesterday morning gave
solemn warning from the bench that
thereafter any remarks from attorneys
prejudicial to a defendant on trial
would render the maker thereof liable
to severe punishment for contempt OF
court An offender in that regard
would be committed to prison or fined
according to the circumstances. This
would be a rule of that court, Judge
Gear said, and he wished the press to
give the announcement the widest
publicity.
The occasion was a serious turn that
came to an exchange of humorous BAN
ter between +. A. Douthitt and a. G..
NJ. Robertson, counsel respectively for
the prosecution and the defense OF
Pang Kau on trial for assault and bat
terry. Mr. Douthitt, answering a retort
OF Mr.. Robertson. made a reference
suggesting the defendants presumed
guilt. Mr.. Robertson asked the court
to direct the jury to disregard the in
nuendo. Then the court took a hand in
the conversation as already related.
A DIFFICULT WITNESS.
Yee wo the well known pork butch
err was on the witness stand at the
time. His evidence caused n good deal
of amusement. He testified he did not
know the defendant and, when asked
il he was not aware that Pang kau
was employed by the Metropolitan
Meat Co., the witness said he did no
business with Mr.. Waller, as he killed
his own pigs to make pork. Directly
afterward he acknowledged his sigma
ture as n witness to that of Pang kau
upon the assignment to Cecil Brown
of a fire claim warrant. This fact he
explained by saying he asked the man,
when called to identify him at the First
National Bank, If he was the person
whose name was signed to the paper.
Yee Wo professed a similar lack of
acquaintance with the other witness
to Pang Kaus signature although ad-
mitting that the man bought pork at
his store before the fire of nearly five
years ago. on closer questioning he
said hel had been in this country twen-
ty-five years and there We're many peo-
pie he knew by sight without knowing
their names
ADMISSION OF EVIDENCE.
The evidence regarding the fire claim
was admitted for showing motive and
testing credibility of the prosecuting
witness, against the objection of Mr..
Douthitt on the grounds that the OBJ
lection came too late and that, the
prosecution being actually a private one
though in the name of the Territory,
evidence of the relations between the
prosecuting witness and the defendant |
was relevant for the purposes stated by |
the defense.
At p. IN. the defense was still on
and the case was continued until Mon
day morning at 10 o'clock.
NAONE'S DEFENSE INSANITY.
1t was made clear by j, j. Dunno,
counsel for Philip II. Naone. in argu-
ing continuance of the case for the
term yesterday, that insanity of the de-
PENDANT was to be his defense against
the charge of murder in the first de-
gree for the killing of his wife. Coun- |
sci filed a lengthy affidavit in support |
of his motion to continue the case until |
the January term He represented that |
the defense of insanity involved un- |
usual labor of preparation and if the |
case was not continued he would re-
luctantly have to withdraw from the |
defense.
w, a. Kinney, associate counsel for
Naone, also made remarks, saying if
he did not believe there was merit in
would have nothing to do with the
case.
Deputy Attorney General Prosser OPP
posed continuance
Judge Gear in taking the motion un-
der advisement untn Monday, observed
that the expedition of justice in the
Miranda case was not to be taken as |
a criterion for the courts guidance in |
other cases. In the Miranda case the
attorney assigned to the defense as
sented to a prompt trial
MAHAULU'S CASE.
Frank e. Thompson appeared for
Stephen Mahaulu, indicted for embez-
blement of public money, saying that
he had been engaged as defendant's =
counsel only that morning. lie asked
that the case be continued, and Judge
Gear put IL over until Monday morning
MASONIC TEMPLE BOND.
Judge De Bolt was engaged yesterday
with the trial OF r.. H. +, Woltcr vs.
Fred. II, Redward, suit 20 recover
$1,000 alleged 20 have been paid by plain
IN 10 the trustees of The Masonic Tem-
pie az surety un defendants bond az
contractor J., A. Magoon ana J Light
foot appear Tor plainun, and George
A, Davis is counsel Tor defendant
The original bond is lost A suggea-
tion ~ lhe evidence 10 that tho doeu-
meat may have been burned in tho
rhlnaioNn nre. ST. Davis objected io
,he lnuoducllon of an alleged copy OF
The bond. uniil foundation NaH mi1
~ evidence that "iue and dllBent
search had bsen made f1r lt
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