The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-20

Ffaufal taN ~ shiloh witness himself
drank.
Mr.. punne objected 10 the question
" beer vas an intosicatlns dfink. con.
tending that defendant was charped
with selling "spirituous liquors" aud
Il was not competent for the witness
to say whether beef was either spirltu.
Gus liquor or Intoxicating Mir prosser
quoted the statute that gives beet
among the definitions of spltltuous
liquor SIR the purposes % the enact
mcnt Mr.. dunno then dropped the ob.
lection but. after few ~ hts cross
questions were answered, he moved
that all OF the testimony OF the witness
be struck out, on this ground.
"That 1t is apainst public policy to
allow testimony OF this kind to be used
for the conviction OF any man.
Though Mr.. Dunno said he would
only occupy few minutes with his au-
thorltles, MIR. Prosser insisted on the
excusing of the Jury during the argu-
mcnt. The court accordingly excused
the jury. who retired TO the corridors,
Mr.. Dunno quoted Michigan, Colorado
and California cases in support of his
motion. For the first-named the author
was no less than Judge Cooley. The
present case was. like those quoted. one
IN which the police assisted In the COM
mission OF crime. one of the authori-
ties cited held that the method in ques-
ton was wholly opposed TO every idea
of decency in the administration of JUS
tice"
He did not know II the Supreme Court
of Hawaii had ever passed on that
question. 1t might have settled the
status OF informers. who merely watch
ed for offenses, but he did not think
the Supreme Court had dealt with
case like this, where the police had
built up an ofrense. According 10 Judge
Cooley, the duty of the police IN this
case would have been to go ur and
warn Franco that he was su5p 'ctci tf
breaking the law and would DE pursued
" h. did not desst from ia.'aAs ,!ruor,
Mr.. Prosser replied tersely that 1t was
Just as illegal for one without license
to sell louor to a policemd1 rs 20 any
body else. The testimony of Flint was
therefore not incompetent and there
was no effort to show that it was un-
true. The law made no distinction be-
tween persons to whom liquor could or
could not be sold.
"How are such offenses to be found
out?" Judge Gear asked of defendants
u would refer that question to the
ingenuity of the police" Mr.. Dunno an
swered and went on again throwing
Michigan. Colorado and California at
the court. Judge Gear remarked that
the practice in question had always
existed here, to which Mr.. Dunno re-
piled that 1t was time such practice
was done away with in the interests
of decent administration of justice.
MIR. Prosser asked what about the
Japanese conspiracy cases before the
Federal court.
Mr.. Dunno (who is Assistant U. S. |
Attorney answered that he was not |
In those cases and that he did not APP |
prove of the tactics employed
Judge Gear referred TO the case of |
attempted bribery of officials detected |
in the Attorney Generals office through |
laying a trap, asking:
do you mean to say that the officer |
ON that occasion ought not to have gone |
into the Attorney Generals office with |
the briber?"
Mr.. Prosser about this stage express |
ed surprise at the Assistant Attorney |
General of the United States trying to
obstruct evidence of a violation of both |
Federal and Territorial law.
Mr.. Dunno denied the Federal law
part of it, saying, He has United |
states license" Counsel went on to
say that the Territorial offense would
never have been committed II IT had
not been for the trap the police laid
Mr.. Prosser declared that the defend
ant was suspected for many months
IF being engaged in the unlawful bust
less, and the trap was laid simply to
obtain evidence for his conviction.
''Will this court" Mr.. Prosser asked
with emphasis, ALLOW evidence to he
stricken from the record In which n
witness states on his oath
hat law Of this Territory has been
'lolated?"
call i'm the jury" the court ordered.
Then: Gentlemen. you are excused UNI
II tomorrow morning at 10 o'clock
This case Is continued until 10 o'clock
morning. Bai'd, adjourn
curt till tomorrow morning at 10
o'clock"