Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-06-01
ARGUMENT BEGUN
IN NA0NE CASE

After having spent all yesterday aft.
ernoon and part of the morning in set
Ting on the instructions to the Jury,
the defense and the prosecution this
forenoon began the final verbal duel Of
argument to the jury. J. ]. Dunno ar
gued for the defense, handling his diff.
ficult subject with his usual mastery
care. He first carried the war right
into the enemy's territory by taking
up the evidence brought out by the
prosecution, gathering into logical
sequence numberless details and form.
ing as a whole an argument in favor Of
his own insanity theory. He thereup.
on took up the case Of the defense and
began a thorough resume of the facts
adduced which tended to confirm his
contention. When the noon hour ar.
rived he had not yet finished, and will
continue his argument at 2 y. IN.
Dunno began by dwelling on the ele.
ments which constituted crime. Act
and intent were the component ele.
ments. 1t was a dangerous practice to
pick up one piece of the case; the en-.
tire case should be considered as q
whole. The question of Lizzie Naone's
death was not the most important. The
jury should let the dead woman rest
In peace. The question In the matter
was II the prosecution had proved that
Naone was sane, not II the defense had
proved insanity.
Dunno then went through the case
made out by the prosecution. 1t had
offered In evidence the famous letters.
These indicated q very confused mind.
They were misspelt and contained ir.
rational statements. The religious fer.
vor which appeared all through them
was. according to the testimony of the
experts, a symptom of insanity. Fur.
, thermore, the fixed delusion that he
had thought that his wife was unfaith-
full to him was shown in the letters.
The evidence of this delusion was cor
! roborated by the testimony of A. M {.
| Brown and Miss Mitchell.
The production of Miss Mitchell to
prove motive was a fiat failure. This
witness had exhibited the partisanship
Of Doyle, who had gathered evidence
for the prosecution. This witness had
failed to show any rational purpose on
the part of the defendant to kill his
wife. She had said that he wanted to
get rid of his wife. This was very In.
definite. She had further stated that
Naone said he would leave his wife
The girl was finally roasted by Dunno
for receiving attentions from Naone
while she knew that he was married
| The prosecutions case showed sew.
eral other indications that Naone was
Insane. The charge itself was such an
indication. Why should he kill his
wire? He was not jealous. Miss
Mitchell had shown that instead of be
ing jealous of his wife he was jealous
only of Miss Mitchell since he threat
ened to kill Fred. Weed IL he contin
ued to visit her. Naone never said o
word against his wife. The fact that
he shot his wife Ave times, four of the
wounds being fatal, was, according tc
the medical experts, an indication oil
epileptic insanity.
The Hawaiians were naturally
gentle people; they were not inclined
to crimes OF violence. When Hawai-
ian was charged with crime like this
It was safe to say that he was mental,
Geranged '-E.
Naone's conduct after the shooting
indicated insanity. He went to Roth
burns place Immediately after ths
tragedy, but was unable to tell what
his trouble was. Rathburn testified
that he looked as II he was out of hi
mind.
A. NJ. Brown had had q conversation
with Naone, who told him that he, aft
er he left Rathburn's place, had driven
about town In hack. No sane mar
would have done that Just after hay
ing committed q murder. Naone final
l w wont n hiS n
Here also his conduct was strange.
The prosecution had also called at
tention to Philips inability to retain
the idea that his wife was dead. He
had asked the officer who arrested him
II his wife was dead. He had on the
following day told his father that he
wanted to see his wife.
| The prosecution had shown irration.
al letters, an Illusion that his wife was
untrue, strange conversations. irration
al conduct, the utter lack of necessity
OF the killing, the lack of motive and
many other features, which served to
show that the defendant was insane.
The evidence offered by the defense
was next taken up by Dunno. Medi.
cal men, he said, always attached the
greatest Importance to the history OF
a case. Heredity was an important
characteristic In insanity cases. Ma
ones great-grandfather was an epilep.
tic, irrational and subject to fits. Ma
ones mother had had fits; the defend
ant had had them, and even his son
had suffered from them. This strain
ran through the family. The history
OF Naone from his childhood to the
present time was next gone into.