The Hawaiian gazette., 1904-12-16
GOES NOW
TO THE JURY
Close of Emmett
Mays Trial
Today.

! 3 p. m. yesterday the defendants case
was closed and the prosecution put on
no rebuttal
When 1t came to discussing instruc-
lions of the court by counsel. the jury
were excused and, the argument de-
veloping into protracted wrangle,
they We're called in again after
o'clock and excused over night.
a. S. Humphreys, W. G. Cooper. w.
r. Harrington, Edgar L. Lewis and c.
NJ Cooke in the morning testified to
the good character of the defendant.
Mrs. silva and Louis II. Medeiros gave
evidence of conversations in which Mrs.
Bettincourt spoke we'll of Mays treat
ment OF her.
The defendant took the stand In his
own behalf. His direct examination
was still in progress when recess was
taken from ~ to 2 o'clock. He went
over the already familiar story of OBJ
tanning proofs of Bettncourt's death,
his going on the widows administra-
/ ton bond, his investment of the $1,000
| insurance money in his own planning
mill stock and his offer of the certif-
icate of stock to Mrs Bettncourt after
| the mill enterprise had turned out I'M
satisfactory. Previously he had kept
the stock as security for his signature
on the bond.
May told about the consultation Mrs.
Bettincourt had with him. Dutra be-
| ing present, when he proposed to in
vest her money. According 10 him the
woman and her friend We're very well
pleased at the offer. Later Mrs, Bet.
tincourt interviewed him by herself,
asking him not to let Drtra know
where her money was invested because
1ha owed This he
promised.
Defendant proceeded with his story
in the afternoon. When he found that
Mr.. Biting had written to the home
Office of the Germania Life Insurance
Co. about the Bettincourt policy, he
went to that attorneys office and call
ed him a Contemplate Matchmaking
scoundrel." He went to Billings office
when he heard the lawyer was bring
ing the matter before the grand jury,
and told Biting that he knew he (Bit-
ting was not acting honestly. Biting
told him he was only acting on the
civil side and had gone before the
grand jury merely to give his evidence.
Cross-examned by Attorney General
Andrews the defendant said he was
president of the Pacific Mill Co., an
| swering too quickly for Mr.. DUNES
objection, which was sustained and the
answer struck out He did not tell
Mrs. Bettincourt the Pacific Mil Co.
was "A good thing, but spoke of "a
mill proposition" telling her he was
going to form mill company. This
was before the insurance draft came.
The Pacific Mill Co. was formed.
Objection was sustained to question
of who the officers of the Pacific Mil
Co were, also to the question IL IL ever
paid any dividends.
Mr.. Andrews showed the certificate
of stock in the company to Mrs. Bet
tncourt and defendant said it was in
his possession until the time of this
trial. Objection was sustained to
question II all of the company's stock
was in defendants possession. Also,
to the question of who kept the books.
! Defendant said the officers issued
| that certificate All of the handwriting
in 1t excepting the signature Of w. =.
Barry, secretary, was his own. He
denied he testified that Dutra and Mrs.
| Bettincourt went to his Office and
asked him to keep the money. When
/ the draft came from New York he de-
posted it in his own name Mrs. Bet
, tincourt told him to. He knew that
J the money belonged to the estate and
/ that the tate was not settled.
"You knew that 1t was trust money!"
objection to the question was sus-
tanned
Defendant knew that the money was
! payable to the estate Of joe A Bet
tncourt. On objection to next ques-
ton being overruled, he said he sup
posed that the draft and the mon
ey that was TO come therefrom belong
ed to Mrs. Bettincourt
"And to the creditors?" -sr
81 suppose So"
Objection was sustained to questions
about the Kaimuki lots, which the At
torney General claimed were proper be-
cause Mrs. Bettncourt testified she did
not accept the offer of the lots as she
found that they did not belong to May.
Objection was sustained to the ques-
ton If there was any legal connection
between the Honolulu Investment Co.
and the Pacific Mil<Co This was ask
ed with reference to Mays offer to
Mrs. b. of house belonging to the
II. /. Co. rent free until he could re-
deem her Pacific Mill Co. stock. Objec-
ton was also sustained to the ques-
ton of how long defendant was ac-
quainted with Dutra before the incl
dents of this case.
| 'Call Dutra!' Mr.. Dunno exclaimed
over and over again.
PLEADINGS.
Kahiliailau yesterday pleaded not
guilty to his indictment for murder in
the first degree. Judge Robinson Or
dered the trial set in it's order.
All Kow, through his attorney, w. A.
Whiting, had his plea to indictment for
assault and battery reserved till Mon
day.
In the case of Ng Gang and Wal Sing
Ylck against Y. Van Hing and Lau
Cheng Tai, general denial and a mo-
ton for bill of particulars have been
filed by A. S. Humphreys, attorney for
Y. Van Hing.
HABEAS CORPUS.
High Sheriff Henry made return to
the writ OF habeas corpus for which
Continued on Page 3D.