The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-01-31
DAY SPENT
IN WRANGL.E:
Limit on Evidence
In Murder
Trial.
Testimony Upon Killing
Of Mrs. Parmenter
Tabued.

All day long of yesterdays court
session, in the trial of z. NJ Jones for
murder. was occupied in arguing
point Of law upon the admissibility of
evidence, The immediate question on
which the wrangle took place was put
to Mrs. Marcus Parmenter on Satur-
day. 1t related to what the witness
saw. within fifteen minutes after the
shooting of Mrs. Sarah Parmenter and
| Mrs. Linda K. Jones, when witness
was on the premises of G. w. r. King.
adjacent to the Parmenter home. The
intention Of the prosecution was to
show that the late Mrs. Parmenter had
also been shot.
Mr.. Dunno presented a long series
of grounds for objecting to the pro-
posed evidence as immaterial, If
relevant and incompetent. After he
had argued long, Deputy Attorney
General Peters replied at length. An
immense weight of authorities on eth
er side of the dispute was carried from
the law library and piled in front of
the battling lawyers, from which they
adduced case after case to buttress
their respective contentious.
Judge Robinson sustained the objec-
ton but denied a motion to strike out
the evidence already given by Mrs. Par
menter relating to her hearing her
mother-in-law, the late Mrs. Parmen-
ter, say to the defendant, Pau, Eddy"
also her hearing Of a call for help and
of the reports OF the pistol. Mr.. Rob-
ertson noted an exception to denial of
the motion to strike out.
By this time it was five minutes to
p. m. and the attorneys were tired.
Therefore the trial was continued I'M
; til 10 a. m today.
Juror Medeiros, as the jury were
about to be dismissed for the day with
the admonition to avoid discussion of
the case with others and each other,
asked if they We're 80 understand that
the objection was sustained
The court informed the inquirer that
the matter was one entirely belonging
to the court, inferentiaIy making the
jury wise to the fact that their at
tentfon was necessary only to such
evidence as was admitted.
THE TESLA LIBEL CASE.
| The trial of F. j. Tesla, editor and
proprietor of the Independent, for
criminal libel committed against W. G..
Smith was begun yesterday afternoon,
after a special venire of jurors had
been returned to complete the panel
following several peremptory chal-
lenges
After the evidence of the complain
ing witness, L. D. Timmons of the In
dependent staff on April last and L.
T. Kenake of the postoffice had been
taken, a copy of the paper containing
the alleged libel having been filed as
an exhibit, the prosecution rested.
Mr.. Stewart, counsel for the defend
ant with Carlo Long associate, moved
for a directed verdict of accuittaI on
the grounds that publication had not
been proved, that the obnoxious article
was not libelous under the definition
of the statute and that it had not been
shown that the article had prejudiced
or injured the complaining witness III
j the eyes of the community.
| Attorney General Andrews objected
| to the motion relating to the nature
/ and effect of the article because those
points had been already ruled against
the defendant on demurrer. AS to pub
! LEGATION he believed he had amply
proved the case, but if the court held
otherwise he would ask leave to re-
open the case for the prosecution to put
on more evidence.
Judge De Bolt sustained the Attor-
ney Generals objections except as to
publication, on which he considered
the prosecution should have at least
one disinterested witness who had read
the article on it's appearance. He
granted the motion to reopen the case
for the prosecution, the defense noting
an exception
Il. {. Peters was called and testified
| THAT he read the article on the after
noon OF its appearance in a copy of
the Independent delivered a the At
torney Generals office, where the paper
was regularly taken though witness
could not say whether it was paid for
or not. This was four or five days be-
fore his attention was called to the
article officially as a basis for prose-
cution
A. M. Brown, former High Sheriff,
testified that he read the article on
the date of its original publication The
paper was received regularly at the
High Sheriff's office and his reading
OF the article was not connected with
any legal proceedings.
The prosecution again rested and, it
being close to the regular hour for
| adjournment the trial was continued
until this morning. No attempt was
| made to even assert the truth of Tes-
ta's statements.
COURT NOTES.
Sophia Rodrigues Gaspar petitions
mat she be appointed administrators
OF the estate of her late husband, Man
uel Rodrisues Gaspar which is valued
at $3.50 mostly represented by land and
houses at kalihi. Besides the petition
er' the heirs are three sons and two
daughters. all minors.
Chas. Nalpon, larceny: Taga. at
tempted bribery of officer and Akata.
| assault with weapon, pleaded not
bully.