The Hawaiian gazette., 1906-03-30

"a mfH FbHf snsf fhai scot a.
aff fhHIfHi fe hhH feal|y funf $50
fhf niN0T aItffn fId rEH fH Wli
nHI nfinrfn fhf liHnamau anafffff
an1 the hnufo Hlmnan $50 on q 90 no
undrf ihe ife.s. bfInF feunE bl lein
Huu Tho afhff thndfsu rrrf YlHtina
arannd I thlnk De- uas after oeis.rf
! had no watch Tho uthsr enndnen
we're ths tNo Japauss, foster ehHdrrn
uf milne ana my son Lemon Ths 1ap.
anese eiii is 10 yeafs aud the boz four
years Old. Roth of them can speak
English. The deaf gir Mas the work
ing servant
JOHNSON IDENTIFIED
Mrs. Wharton was here asked 10
whom she referred a. johnson and did
she see him then in court.
That IL the man SITTING there" she
answered pointing h1edly' for two or
three seconds at the defendant
About a year ago | Was introduced
by my husband to johnson and then
about September ! saw him again.
The children continued TO play by the
mango tree. I do not know how long
because when l saw simeon being
swung by johnson / was satisfied and
went away back to my washing"
Mrs. Wharton then told of success
sive orders she had given TO the Chi
nese servant being two tasks OF water
ing plants and trees In different places.
After that 1 came down from the
washing place" the witness continued.
but before ! came down ! told the
deaf and dumb girl TO finish our wash
ing. Then ] came down TO see IL the
Chinaman was doing what ! had told
him.
WAS TIRED OUT.
"Then / went TO the house 10 have
a little sleep. because / had got up
that morning at o'clock and was
tired from my washing. i went through
the parlor past where the children's
bedroom is, and was just going 10 lie
down when Joseph, one of my foster
children, came running In crying, and
/ told him to go into Henry Whar-
tons room and he would find apples.
and to give an apple 10 each OF the
children, and 10 call the children.
SIMEON MISSING.
Joseph called the children and came
back and told me that Simeon was
not there. that he was lost. / think
that was about half-past 8 o'clock.
johnson was nowhere to be seen.
Neither was Simeon"
1t being now 4 o'clock. the trial was
continued until 10 o'clock this morn
ing.
PREVIOUS EVIDENCE.
o. l.. Sorenson's evidence upon the
maps he had made of the premises
was concluded at the morning session.
when Alfred Lake Williams was call
ed to testify regarding photographs he
had taken Of the Wharton home and
surroundings His evidence was re-
3umed in the afternoon.
Mr.. Harrison's first question in
cross-examination, as to appearances
other than shown by the pictures, was
objected to by Attorney General Peters
ON the ground that II was immaterial,
incompetent and not proper cross-ex-
animation, as the witness had not been
asked In direct examination anything
about the general appearance of the
premises. The objection was sustain
ed on the ground that the question
was not proper cross-examination,
Judge Robinson at the same time say
ing that the witness might be called
as its own by the defense and directly
examined upon any desired particu-
lars. This would apply 10 other Wit
nesses as well.
Objections to further cross questions
We're some oyerruled and some sus-
tained.
Witness said he was specially en-
ployed by the Government for that
job. To the Attorney General he said
the price of the work was S24 and he
received no other fee.
REQUEST OF DEFENSE.
After Mrs. Wharton was called but
before she was sworn the matter Of
visit by the court to the scene Of
the tragedy was settled 1t was now
that Mr.. Harrison revealed the reason,
not only for requesting that such "A
visit be made but for his strict cross
examination OF the surveyor and the
photographer.
Attorney General Peters, referring
to the request OF Mr. Harrison that
the court and jury should go 10 Waia-
lua, said he did not think II necessary,
but II II was TO be ordered the visit
should be made before the taking OF
further evidence. He had got the map
and photographs to simplify the mat
ter and save expense. If the request
were granted the visit should be made
directly after preliminary questions to
Mrs. Wharton.
IMPORTANT TO DEFENSE.
Mr.. Harrison said the matter was
very important as. on the question Of
the defendants intelligence, the nature
OF the ground where the alleged crime
was committed was OF the utmost i'm
portance, The photographs showed the,
ground as being jungle. Sorenson's
evidence, on the other hand, was that
two persons two hundred feet apart
there would not necessarily be con-
cealed from each other. The impress
sion on his CHarrison's) mind after
visiting the premises was very differ
ent from what he had anticipated, The
spot where the crime was alleged 10
have been committed was only about
seventy-fiye feet from the stables.
Judge Robinson denied the applioa-
don, saying there was no assurance
that the conditions at the place ON that