The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-06-02
LAST WORDS
TO THE JURY


Closing argument to the jury In the
trial of Philip II. Naone for the muir
der of his wife was not concluded yes
terday. ]. j. Dunno for the defence
spoke for three hours. 1t was 3 p m.
when Attorney General l.. Andrews be-
gan his address for the Territory. AL
though several Jurors said they would
like to have the trial concluded that
day, it was out of the question.
Judge De Bolt said the delivery of
the courts instructions would take an
hour and Mr.. Andrews intimated that
the case was too important to have the
argument for the prosecution unduly
compressed. Accordingly, when the
Attorney General had been speaking
for about an hour his remarks were
continued until 10 o'clock this morning.
The court adjourned for the day at
4:10 D. m.
Mr.. Dunno made an able address as
an effort to convince the jury that not
only the evidence for the defendant
but that for the prosecution sustained
the theory of Naones insanity. Calling
the rebuttaI evidence rubbish" he ar
gued also that the evidence in general
of the prosecution was merely mega
tive" Mr.. Dunno abused DIR. Moore
without stint giving him variety of
nicknames. In summing up his points
he urged the jury mot to go off at
halfcock, or fly off at tangent" but
to consider the evidence of Naone's
career as whole.
Attorney General Andrews was at his
best from the start, showing he had
the case for the Territory completely
in hand. He also proved before going
very far that he had perfectly sized
up all of the grounds upon which the
defense had based its theory Of insan-
ity. Mr.. Andrews called attention to
the fact that not one of the expert
witnesses for the defense had testified
directly on the facts that they con-
sidered Naone an insane person. They
had only gone as far as they could in
answering hypothetical question, that
was in many respects not in accordance
with the case at bar, to carry out the
purpose for which they were paid.
Not a single physician in this town
the Attorney General hammered this
assertion home-could be placed on the
stand for the defense who had ever
been called to attend Naone for any
epileptic fit or sickness of any kind.
His mother had named two doctors as
having attended him many years ago,
but both of those doctors were dead and
regarding one of them it had been
proved in rebuttal that he was not in
this country at the time specified.
Mr.. Andrews dealt with the mega
tive evidence" proposition advanced by
Mr.. Dunno, pointing out that several of
the witnesses whom he named had par
ticularly good opportunites-in some in
stances in line with sacred duties-of
observing Naone from childhood to
maturity and of knowing if he were a
victim of epilepsy
The Attorney General wove from the
evidence web in which Naone was
represented as having become infatu-
ated with woman and on her account
schemed, first, to blacken his wife's
name as preliminary to putting her
away by divorce, and, second, in
desperation over failure in that regard,
to murder her. Replying to the argu-
ment that Naone's firing at his wife
five times, infiicting four fatal wounds,
was an evidence of insanity he held
that it simply showed the determine
ton of one inexpert with a pistol to
make sure of his murderous purpose.
Most of the jurors, as we'll as the
spectators, smiled when Mr.. Andrews
sarcastically spoke of the insane"
condition of Naone when he told
Wright in prison that he considered it
good thing for him that the jury
would not be locked up while trying
his case.
BIG LIBEL SUIT.
In the drawing of jury to try At
torney S. NJ. Ballou's libel suit for $780,
600 damages against Sam. Parker the
panel became exhausted and Judge
Lindsay ordered a special venire for
fifteen additional jurors returnable at
10 o'clock this morning. A. G. NJ. Rob-
ertson is attorney for plaintiff, while
J. A. Magoon, w. A. Whiting and r.
w. Breckons appear for defendant.
PROBATE MATTERS.
Jessie X. Kaae, Administrative of the
estate of Margaret " Carter, deceased,
yesterday under citation filed her ac-
were referred to w. r. Sims as master.
C. w. Ashford appeared for the adj
ministratrix, and w. S. Fleming for
Edgar Henriques, guardian of the
minor children of decedent.
Judge Lindsay confirmed the sale of
property in the estate of Ely Peck, de-
ceased, conducted by Fisher, Ables Co.,
auctioneers, whereby S. S. Peck be-
came the purchaser of real estate in
Vineyard street for $40 600 and also of
100 shares of Hustace, Peck Co. for
$4,000.
Judge Lindsay appointed John D.
Paris administrator CT the estate of
Isaac H. Sherwood, deceased, on the
petition of David Sherwood, son. The
estate consists of land on Hawaii valu-
ed at $4,000 and personally at 5000.
MORE INDICTMENTS.
Six indictments were returned by the
grand Jury before Judge De Bolt YES