The Hawaiian gazette., 1905-05-30
PHYSICIANS II.
IN REBUTTAL

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Dr. VIM. L. Moore, physician to Oahu
prison, and DR.. L. E. Cofer, chief quar-
antine officer In the u. s. Hospital
Marine Service here. both gave strong
rebuttal evidence to the defense of in
sanity In the trial of Philip II. Naone
for the murder of his wife before Judge
De Bolt yesterday afternoon.
Naone had been regularly examined
by DR.. Moore in prison. without any,
thing unusual in either his physical or
mental condition being observed. An
attack of indigestion was about the
worst trouble he had. He never show
ed any sign of epilepsy or fits there
from. Objections to questions regard
Ing DR.. w. A. Hammond's retirement
from the U. S. Navy were sustained.
after DR.. Moore had been allowed to
TESTIFY that Hammond was considered
an authority in the University of Mich
igan. To the hypothetical question OF
the prosecution the doctor testified he
regarded Naone as sane.
Juror Douglas asked DIR. Moore IL he
was paid to testify. He replied he was
not Attorney General Andrews re-
marked that the law did not allow
Government witnesses to be paid.
You are Government employee,
are you not?" Mr.. Dunno inquired.
Yes" the witness answered. Then,
after a pause, he added coldly:
Il do not buy and sell myself"
DIR. Cofer told of Naone's employ
ment as messenger in the quarantine
office about Is months in 10000, clos
Ing with the month prior to the killing
of Mrs. Naone. His duties were to run
errands and keep the office tidy. be-
sides which he did clerical work alch
as copying and making entries. Naone
was regular in attendance and did3his
work satisfactorily. Nothing in his hp-
pearance or conduct ever reminded him
of insanity. lie considered the defend-
ant sane.
Former schoolmates OF Naone land
prison guards were examined in tapid
order, no cross-examination being Of
fered to their uniformly negative levi
dence as to symptoms of insanity or
of epilepsy In the defendant having
been observed.
Rev. Alex. Macintosh, principal of
the Royal school, spoke of Naone While
pupil at that institution as "a bright
intelligent fellow" Meeting him sub
sequent to school days he had observed
no change for the Worse in his physical
or mental condition.
b. Fl. Wright, who is serving as dis
penser of medicines In the prison, told
of converse alton there with Naone in
which the latter discussing hisi trial,
said the way things looked he thought
he had good chance.
Otto Bierbach, of the Chambers
drugstore testified that two days be-
fore the murder Naone had spoken to
him about employment and seemed per-
fectly rational. j. Tarn McGrew gave
evidence showing that, contrary Ito the
testimony of the defense, his late
brother, Dr. Henri McGrew. could not
have attended Naone at the time stat
ed, being then in Paris.
COUNTY ACT CASE.
Mr.. Highton concluded his opening
speech against the County Act in the
supreme Court early yesterday after
noon. Henry Il. Cooper began the
opening for the respondent and had not
concluded when the court adjourned at
4 p. m.
The court refused to hear Mr.. High
ton on the proposition that. under the
recent amendment to the Organic Act,
a county law could not be passed by
the Legislature over the Governors
veto. Mr. Cooper had objected because
the point was not raised in the COM
plant.
ESTATE DISTRIBUTED.
Judge Lindsay approved the accounts
and granted the discharge of Manuel
Fernandez. administrator with the will
annexed of the estate of Marie Faustna
fernandez. By the distribution Fer
1andez himself receives $260I and inter-
est cows horse and wagon. IL
chickens and household furniture.
Marie Olsen, s13S2.21, a leasehold of
premises on Punclfbowl expiring in
August 1912, one sewing machine and
. chickens, and the three minor chill
iren OF Marie Olsen $500 each. their
mother being appointed their guardian
inder 5000 to take care of their Legal
les.
PUBLIC LAND SUIT.
Territory of Hawaii by Worth A.
AIKEN, sub-agent of public lands for
he 4th land district, has brought suit
""iii h rs ucl LOT NEl4 ana inter-
st on account of rent of $40 acres Of
and in Kula, Maui under a lease made
April 20, 1887 for Is years at $3.50
ear
CUMMINS TRUST DEED.
Judge Lindsay by decree sustains
he demurrers to the amended hill
T complaint of John A. Cumnins
gainst Joseph o. Carter, trustee under
eed of trust made to him by COM
lainant on OCTOBER /, 1896. and 27
theirs. Leave g. given to complainant
file another amended bill within ten
avs The suit is intended to have the
eed of trust Cancelled. Defendants
Their than Carter are members Of COM
lainant's family and benefciarles
nder the trust deed.
COURT NOTES.
Defendant In the tobacco agency suit
Ruoenstein VS.. Hackfeld il moving
a baa RING m