The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-02-09
PETERS
SCORES

By far tha m0si Important point
made Iu the Jones murder trial In all
of the drcary three weeks that BE- has
been dragging out was secured this
morning at the opening of the case for
the defence. But 80 was scored not by
the defence, but boy Deputy Attorney
General Peters, who is conducting The
prosecution.
II will be- remembered that the insane
ity plea was set mp by Jones attorneys
at the last trial and while Il was not
actually ON that plea that the jury
found him not guilty of the murder of
his mother-m-law Mrs parmeuter, the
theory that the accused man Is or was
mentally deranged certainly obtained
credence I'm some quarters. That a SIM
! liar theory of insanity is to be put up
| by the defence now that Jones is on
| trial for the murder Of his wife Linda
! *. Jones was plainly stated by AttOr-
ney A. G.. NJ. Robertson in his address
| to the jury I'm opening the defence this
morning.
First of an, after this, Attorney Rob-
ertson produced the deposition of Mrs.
J. S. Reed which was used with such
| effect I'm the former trial. Mrs Reed
| had known the accused from childhood
and her testimony was to the effect
that he had suffered from typhoid at
an early age and that he had, never
been strong mentally.
The Deputy Attorney General was on
his feet at once obiecting to the depo-
sition's being read to the jury. For half
an hour he argued what might be term
ed, i'm the language of the laity, the
proposition that it is a poor rule that
does not work both ways. The defence
objected during the presentation of the
prosecutions case, and objected with
success, to the Introduction of a single
line of evidence touching the killing OF
Mrs. Parmenter The deposition OF
Mrs Reed was used in the Parmentel
case, and the Deputy Attorney Genera
argued that it could not therefore be-
used now. That was his main conten.
ton though he also argued that there
was no testimony to show that Mrs
Reed was an expert qualified to say
whether Jones ever had fever or not
Robertson on his part contended Wig
orously that the deposition was not
part of the other case, that the fac
that it had been bound up i'm the papers
of the other case was a mere accident
2 He further contended that he had ar
b ranged with Attorney General Andrew
/ before the deposition had been mad
2 that it might be used i'm either case.
8. Here his honor interviewed and order
t ed a recess while Attorney General An
5 drews was sent for. Upon his arriva
2 he was asked by the court if he ha
L.,
] torneys for the defence that the deposl
: ton of Mrs. Reed could be used j.
= either trial. The Attorney General en-
5 tered a prompt and decided denial G
$ anything of the sort. SO far from dc
ing 50, he said he had opposed the is
suance of commission for the takin
of Mrs. Reeds evidence with the be'
of his ability, but the former tri'
judge had overrued.
The records of the former trial wei
searched but there was nothing to sho,
that the deposition was to be used a
either trial. Meanwhile Peters had bee
I reading the commission itself an
: clinched matters when he found that
j entitled the commission to take. ev
dence "in this cause" and not in "thes
causes" as 1t would have read had tn
two trials been in mind.
There is nothing in the records {
, show that any arrangement was mad
q for the use of the deposition i'm tn
- trial" said Judge Robinson. THE oil
lection is sustained
Thus disappears one of the props
- the defence and it will be impossible {
produce Mrs. Reed herself for since 81
.d SIGNED tba manor r,rOduped i'm cOurt IN
lie morning the old lady has died
u J. d. Lewis was the first witne.
} called by the defence. He testified thI
1t he had gone to school with Jones thirty
L four years ago. The accused had a
lie ways been a dull and backward be
s. and the witness did not consider him
3 be properly balanced mentally.
!