The Hawaiian gazette., 1905-01-31
SO FAR TWO
WITNESSES
CFrom saturdays Advertiser)

Jones for murder in the first degree be-
gan at 10 o'clock yesterday morning
before Judge Robinson with succinct
opening statement of the case by Depu-
ty Attorney General e. c. Peters. He
told of the beginning OF conjugal infe-
licity between Jones and his wife.
From bitter words IT came to physical
violence on the part of the husband.
and Mrs. Jones warned him that IL he
assaulted her again she would seek a
divorce. He did assault her again and
shortly before the fatal Saturday night
a divorce was obtained by the wife.
Then. in the meantime, Mrs. Jones be-
gan keeping company with a motor
man, whom she intended to marry.
Jones had threatened her that If she
divorced him he would kill her and then
himself.
On the evening of August 22, 1908,
Jones saw Mrs. Jones riding on a car
operated by her intended husband. He
went and procured a revolver and arm
ed with that weapon proceeded to the
residence of Mrs. Parmenter, mother
of Mrs. Jones, where, shortly after
midnight, or early on August %. he
fired two shots at his wife, one of which
LUX tlltct Ill the sue Vi hci hcau, Saoo-
ing her then and there to die. No ref
-erence was made by Mr.. Peters to the
killing of Mrs. Parmenter at the same
time.
Having concluded his statement Mr.
Teters produced a purported map OF
the Parmenter premises and asked II
the defense would consent to its adj
mission as evidence.
A. G. NJ. Robertson, after consulting
with ]. j. Dunno, associate counsel for
Jones' replied:
LAS this is a capital case, we do not
consider it proper to admit anything"
Mr.. Peters thereupon called Albert
Lucas, brother-in-law of the late
Mrs. Jones, who testified to acquant-
ance with the Parmenter premises for
several years prior to the tragedy, and
to his having visited the premises yes
terday morning and found them prac-
tically in the same condition as they
were in August 90, 1908. The hibiscus
hedge might, for lack of trimming, be
q little higher. That was all.
Mr.. Dunno interposed several OBJ
jections to the evidence in quick sue
cession, most of which were overruled
with exceptions noted in every instance.
S. NJ. Kanakanui, first assistant of
the Territorial Survey, was then call
ed to prove the map, which was his
Eandiwork. Witness had visited the
premises that morning in company
with Mr.. Peters and Mr.. Lucas. He
was examined infinitely, with scale in
hand, upon dimensions, directions con-
struction fences, gates, doors, win
,dows, lanai, bearings to streets, etc.
His examination in chief continued till
well on in the afternoon session.
The cross examination was brief. At
about As the trial was continued UNI
til 10 o'clock this morning.
There is but a small public attend
ance on the trial.
Jones in court looks healthy, but
anxious and alert. Mr.. Dunno occa-
sionally consulted him while evidence
was being given yesterday.
SIDE QUESTIONS.
Juror Medeiros, for himself and an
.other, in the afternoon inquired as to
whether the jury were to be taken to
view the premises
Judge Robinson, on consultation with
counsel after the jury left the court
IOOIIl, Tultu lIdl IL view VI TIC piCiH-
Uses would depend on further develop
ments. If deemed necessary later it
would be granted.
Mr.. Peters then, on behalf of the
bailiff, asked If that officer was to have
discretion regarding visits of the jury
in night recesses to places of amuse-
ment, such as theaters, prize fights,
rfetc.
Mr. Robertson thought If the bailiff
wanted any further instructions to
what he had already received, he should
go direct to His Honor therefor
II think So" Judge Robinson assent
ed.
1T is immaterial to me, Your Honor"
Mr.. Peters said, and the incident was
closed.
ALLEGED DYNAMITER ACQUIT-
TED.
Lupini Gomez was found not guilty
by the jury, before Judge De Bolt yes
terday morning, of unlawfully explod-
ing giant powder 'to terrify and
brighten one Halao." Among the in
structions given for defendant by the
court were the following:
THAT as to the alleged statement
OF defendant, you have escaped but If
] do it again you will all be killed. L
4 charge you that the same was allowed
to be introduced for what 1t was worth,
as an admission by defendant that
he had exploded giant powder at or
near the house of Halao.
II charge you that such admissions
must be received with caution and
subjected to careful scrutiny, as no
class of evidence is more subject to
error or abuse, and no class OF testimo-
ny offers such temptation or opportun-
ity for interruptions witnesses to tor
ture the facts, or commit open perjury,
and it is often impossible to contradict
their testimony except by the defend
ant himself.
IF this alleged admission admits of
two interpretations, one consistent