The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-07
CONFESSION OF JONES.

There was pitched battle of counsel
in the Jones murder trial yesterday
afternoon over the confession of the
defendant at the Police station the
night he surrendered. To decide the
question of the admissibility of that
evidence the examination of a witness
for the pros ecution was interrupted to
permit the defense to put on evidence
for the purpose of showing that the
confession was not a voluntary one.
Deputy Attorney General Peters re-
peatedly objected, in the first place
to the presence of the jury while such
discrediting evidence against the prose-
cution's case was being given, as the
immediate matter involved was one of
law entirely for the court to decide
When overruled several times on that
lay Mr.. Peters, in the second place, OBJ
jected both to leading questions being
put to the witness and to the attempt
of the defense to impeach its own wit
ness, though Mr.. Dunno claimed it was
not Impeachment and Mr.. Robertson
said the line of examination was au-
thorized by statute. To the latter Mr.
Peters replied that the courts of Ha-
wall had repeatedly held that the stat
ute cited was a nullity and that no
party could impeach his own witness.
The court ruled against the prosecu-
ton On both these points, holding that
it was a case where great latitude of
examination was to be allowed,
Charles F. Chillingworth, who was
Deputy High Sheriff at the time of the
Jones double homicide, was the wit
ness called for the purpose of introduce
ing the confession.
Robert Parker, senior captain of po-
lice at that time ard now, was the
witness called by the defense in the in
terlude. The trend of the examination
was to obtain such evidence from him
as would discredit the validity of the
confession as evidence, and when his
evidence did not fit that purpose to
make it appear as contradictory to the
testimony of the same witness at the
former trial of Jones.
This was about fifteen months ago
and the only question Mr.. Peters put
to the witness on cross eXaminat ton
was to bring out this fact of the long
interval between the two appearances
Of the witness.
At this stage it was 4:4O p. m. and the
trial was continued till $50 this morn
ing.
In the forenoon Lyle A Dickey. for
mer district magistrate, was on the
stand, but his testimony was all strfck-
en- out on motion of the defense.
David Makaena, a car conductor. tes-
titled that Jones, Mrs. Jones and Mrs.
Parmenter Jr. all rode on his car the
night of the homicide.
respectively Of the two women killed
gave evidence of a conversation and
a drink of beer he and Jones had to-
gether, when Jones inquired about Mrs
Jones in manner showing he was in
terested still in her affairs after the
divorce. He also identified a nair of
shoes already in evidence. as belonging
to Jones, his knowledge being based on
the fact that he had presented Jones
with the shoes before the tragedy.
ALLEGED BANDIT GANG.
Judge De Bolt yesterday began the
trial of members of a gang of Chinese
supposed to have been implicated m a
series of outrages upon the highway
and in houses between Honolulu ana
Eva about a year ago. In one instance
4 man was killed on the roadside and
MS pockets found TO have been rified
yet the murderer was never caurb+
There have been other trials and some
CONVICTIONS out Of these alleged ban
1itti.
Defendants in the present case. in
1i'led for robbery in the first degree
asst June. are Chung Hing, All Kap.
Tom Sing. Mau Leah alias Chew Tuck,
80