The Hawaiian gazette., 1906-11-02
THUG
P|LL0R|EO


GOES INTO SECRET PLACES. 81
1T Is THAT WE HAVE ONLY TIL
EVIDENCE OF THE THUG AND OIL
THE VICTIM"
Thus Mr.. Lightfoot commented Il
argument yesterday afternoon upol
the failure of the prosecution to con
tradct the Korean defendant, Y. Mai
Yong. in his story told under oath, o
torturing he suffered three successive
hands of Henry Vida.
At the close of Mr. Lightfoot'
speech, after 4 o'clock, Judge Lindsay
announced that he would give his rul
ing, in presence of the jury this morn
ing, upon the admission or rejection OF
defendants alleged confession. Fol
two days. the jury being excused. evi,
dence and argument on this question
had been heard.
Yesterday morning the cross-exam-
nation of Yong by Deputy Attorney
General Fleming was concluded.
Messrs. Lightfoot and Noar called as
next witness the woman in the case.
who had visited defendant at the sta
ton at the time he was in custody
there. She testified that Yong was
feverish and excited. Her interference
in defendants case, the witness said,
caused her home to be broken up and
her husband to leave her. She admit
ted she was very fond of the Korean,
and she was emotional on the witness
stand.
Messrs. Fleming and Cathcart for the
prosecution called policeman Joe Leal
and Turnkey Melanpny. who did not
contradict any of the main facts al
legged by defendant. Melanphy denied
that he ever refused Yong water, and
Leal that he had slapped Yongs hands
while thrust through the bars of his
cell.
Mr.. Cathcart made the closing argu-
ment for the admission of the confess
sion. He treated defendants evidence
about the water cure and other tor
lures as Incredible Nobody who had
lived here year would believe 1t. The
suggestion of Sheriff Brawn's absence
from town that day was given as
treason why he was not put on the
island to contradict the defendant. Mr.,
Cathcart also drew favorable conclu-
sions for the prosecution from the wo.
mans evidence.
Mr.. Lightfoot, replying. dealt sar-
castically with the failure of the pres
cution to call Sheriff Brown. The Sher-
if was too busy electioneering, for,
sooth, to be concerned when only the
liberty of a poor Korean was at stake.
Policeman Leal, the one not called.
perhaps was too busy electioneering
likewise.
II know there is too much Scotch
justice in that head of yours, your
Honor, to stand for that sort of thing"
the attorney said. Your Honor's
ermine is spotless and therefore Il
know you will not stand for that sort
of thing. ] say this advisedly because
/ know the history of great deal of
important litigation that has come be-
fore you and have myself been turned
down in some of It,"
Opposite counsel had said there was
no evidence of promise of reward to
defendant IL he confessed. But tina,
Korean was in fear from day to day.
Vida admitted he talked in loud tone
to him and not kindly-"I did not feel
that way" was his evidence.
Mr.. Lightfoot rung in Magma Charta
and the curse by the Archbishop of
Canterbury upon anyone who should
abridge the liberties of the subject. The
n of tha IL nd Ia 81 ~,
as modes of extorting confessions were
past. There was no power in the Terri
tory of Hawaii or in the United States
of America to compel a man to take
the stand in court and testify against
himself.
Shall we allow to be done by indi-
rection what cannot be done drectly?"
Even II a man could be compelled to
go on the stand he was always sur
rounded by the presumption of inno-
cence until proved guilty. Confession
could not be received unless made
without the influence of either hope
or fear.
Eliminate the story of Yong altogeth-
err and take the story of Henry Vida
and the other minions of the police de-
partment, and His Honor could not
stand for II. When counsel said no.
body who had been here for year
would believe Yong's story, did he re-
fer to Palenapa or to Townsend? Sure
ly It was story to arouse suspicion in
the minds of people who had not been
here year!
Yongs evidence had been attacked
for the minuteness OF detail with which
II was given. II His Honor had been
bound and gagged would not he re-
it?
Then Mr. Cathcart had diseredited
the defendant for his GOODNESS on the
stand. II was witnesses telling lies
who were not cool. who showed ner-
vousness on the stand. Because Yong
was telling the truth he was cool as a
cucumber On the stand he was re-
from the terrors OF the police
station and In the presence of the
majesty OF the law. Why then should
he not have been cool?
when a thug Is going to torture
man." counsel proceeded ''he does not
call for help-he does not advertise his
Intention. He goes into secret places.
So II is that we have only the evidence
OF the thug and the victim"
Vida on the stand never told the