The Hawaiian gazette., 1905-05-26
BASIS FOR
THE Defense
,From Wednesdays Advertiser.)

The hypothetical question intended TO
establish the insanity of Naone, and so
get him free of the charge of murder,
was introduced by the defense yester-
day. There were eighteen typewriter
pages of it, and the Attorney General
said that he had studied thirteen OF
these and found sixty-two points to
which he would object. Also, he said
that there might be others, and so he
asked for an adjournment to give him
time to study up the matter. The jury
was excused. accordingly, and the ar
gument on the hypothetical question
was set by Judge De Bolt for hearing
at s o'clock this morning.
Up to this point, the defense has
about concluded it's case. DR.. Hum
phris was called yesterday to TESTIFY
in regard to visit he paid to the
Naone home to attend a sick child. The
last of the preliminary witnesses for the
defense, Naone's father, was heard yes
terday morning.
The witness said that Naone had suf-
fered from fits from the time of his
childhood up to the present time. He
would begin by crying, then he would
gurgle and shake his limbs, while froth
tinged with blood would issue from his
mouth. After such attacks the sufferer
would be very weak. The father gave
a very lifelike description of the fits
while on the stand.
He went on to testify that Naone
was married in 1899. The couple lived
with Naones parents for three years,
during which there was never any trou-
BILE between them. After that they
lived peaceably on Fort street for a
year. at the end of which period they
moved to Kewalo, where the trouble
began.
The first time the father knew Of
any trouble between his son and daugh-
ter-in-law was about a month before
the shooting took place. One night at
IL o'clock they came to his house.
Philip was dressed but the wife was
stark naked. This Is my wife" said
Naone. II have caught her with Mai.
She is an adulterous woman" Naone
asked the father to ask the girl IL these
allegations were not true, but she de-
MED them. stating that Philip was
crazy.
shooting the witness slept in his sons
house. Late at night he was awakened
by his daughter -in-law, who told him
that Naone had run away with the
three children. The witness started
In pursuit and caught Naone and the
children at the gate leading to the
street. Naone was dressed in his un-
derclothing only, and the children in
their night gowns. The father took
the children back to the house, while
Naone went off.
Finally the father told of how he had
gone to see his son in the lookup or
the Monday following the night Of the
shooting. Naone said he wanted to see
his wife and children. The father told
him his wife was dead. Then Naone
looked at him and cried.
The DISCRIMINATION lasted until
nearly noon.
THE MAGOON DECISION.
There is pretty general belief that
the Supreme Court will hand down its
decision in the Magoon disbarment case
today. In fact there was a sort OF
expectation that the decision would be
given yesterday, because 1t was known
that Judge Parsons, who sat as one
of the judges in the case, desired &c
return home to Hilo on yesterdays
Kinau; but although the judge sailed
away for his home, the decision was
not forthcoming. When the Supreme
Court convened yesterday morning, the
attorneys in the case were all on hand
but there was nothing beyond an ad-
journment of the court until this
morning.
1t was rumored. however. that the
decision had been prepared and signed
by Judge Parsons before he went away.
If this is the case, of course it will
be handed down this morning. The
three Judges were certainly at work
upon the case early yesterday morn
ing. Chief Justice Frear was in his
office at $3.50 a. m. and Judges Parsons
and Lindsay soon Joined him there.
The three remained in the chambers
until it came time for Judge Lindsay
to open his court, and at the end of
a very short session he Immediately
went back and Joined the others there.
This consultation continued until 1t
came time for Judge Parsons to take
the Kinau.