The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-03
CONFESSION:
ADMIT
Turns Out to Be Oral
Evidence by
Vida.

| Without any comment, Judge Lind
say yesterday morning overruled de-
PENDANTS objection to the admission of
| Y. Man Yong's confession. This was
in presence OF the jury. which for two
days had been excused while this ques-
ton of evidence was being fought out,
Mr.. Lightfoot noted an exception.
AS d matter of face, though, no con-
fession was produced. Henry Vida, the
Assistant Sheriff, was instead called to
testify orally of a confession the de-
PENDANT made to him. This he did
with memoranda in his hand.
1t was the third day after Yong's al
legged offense that he admitted the
shooting of Chun sun Duck by mistake
for Chdy Hook Shay, according to
Vidas narrative, and after he had been
confronted with another Korean named
Soon from Eva. Soon had told Vida
what Yong had told him on taking ref
uge with him at Eva after the shoot
ing, also had turned over Yong's re-
volver to Vida. and when the defend
ant found so much was known he
turned to Vida and said, old man tell
y
no more lie
Vida went on 10 repeat what the de-
PENDANT told him of the shooting and
it's circumstances. Further he testf-
fed that the defendant repeated his
confession the following day in pres
ence of Sheriff Brown.
Under cross-examination in the after
noon Vida stated that he did not know
where the written confession then was,
as he had not seen it since it was given
to the grand jury of the previous term
Mr.. Lightfoot asked for it's produc-
ton and claimed the right to cross
examine the witness on it when pro-
duced.
Deputy Attorney General Fleming
stated that it was not on the files of
the department. This was after a mes
sage had been sent over for the paper
and an answer brought by an officer.
Mr.. Fleming said he would try to trace
up the document and produce it, but
denied the right of the defense to de-
mand it. There was some little argu-
ment on this point, ending in a draw
for the time being.
Mr.. Cathcart objected to a question
about certain papers and a photograph.
as to the statement therein that Vida
"purloined" them from the defendant.
The objection was sustained and the
word "abstracted" was then substi-
tuted, but this was also objected to
and Mr.. Lightfoot used the word
taken" instead /
Vida was asked if he had ever been
convicted of crime.
No" was the answer
Then he was asked if he was ths
Henry Vida named in a case of as
sault and battery upon James Carly in !
1898.
he said he was and that he paid a |
fine
Asked if he had been convicted at !
any other time he said he had been
fined for assault and battery about
fifteen years ago. He paid the fine, but
could not remember the amount.
Mr.. Cathcart objected to the term
crime" assault and battery not being
a crime but an "offense."
Mr.. Lightfoot understood that crime
was classed in two grand divisions,
felonies and misdemeanors
This closed the incident.
Armorer Elvin of the police station
testified about the revolver and bullets
exhibited.
Manuel Leal and Joseph Leal. the
policemen whom Vida had testified
we're present when the confession was
made, We're called and corroborated his
Joseph was still undergoing
when 4 o'clock ar
lived.
AS counsel informed the court that
he trial could not be concluded for
several days yet, Judge Lindsay con-
inued the case until 10 o'clock Monday
rorning