The Hawaiian gazette., 1906-06-19

q IiInt tur "a iH laIHa haf
wanted fhf nfmtH s0emfa iH hHtf Kui
around ta fha oiiff eide uf nIn. 1hr
haIf nI lnih mf arms woe finEfi ~.
me of my nnasff uas silEhty burned.
rnpuFh iu rilsa i blister tni Wy mue-
0fhs and efehf0Ns we're sinEed
Looking about { saw o. man with q
hss.. fastened 10 "a faucet in one ~ the
| columns Tho man vas about ~ feei
away ] got tha hose into my hand ana
turned around to put water on thc man
| tYamacatah whose clothes were uu hre
IIo was lying on the dirt pile with four
or nye men throwing dirt on him
u turned thr water on him for about
I'VE minutes until an the fire WAS out
Took good care that the FIRE was an
out Some man sung out pau several
times before / stopped. stood the
nan up 20 SEE how badly he WAS burned
and took him to the lavaiory.
'Then / went TO Mr Williams house.
He told me to go 10 the roundhouse
and get the locomotive out to send the
! man 20 the hospital Went back 90 the
lavatory and assisted IN dressing fa-
magata's wounds Talked with him.
He said he was sore. | examined the
part where he said he was suffering.
VISIT AT HOSPITAL.
Il visited him IN the hospital on sun
day Can not remember all he said, as
he didn't speak English very wei. !
told him ] was sorry
Mr. Humphreys objected to the evil
dence unless the entire conversation
were repeated and Judge De Bolt sus-
tanned the objection but asked the
witness to tell what was said as near
. as he could remember
"He told me he was too much sore
Douse proceeded but could not re-
member his own words. Pressed to try
ne said
"Weu. I went in there and asked him
. how he was, and he told me that he
was too much sore. j told him was
: very sorry for him. can not say what
+ answer he made to that. i tried TO
G have a conversation with him, but II
r. was hard TO make him understand.
ITO the court)-He didn't say anything
about the occurrence Of the day be-
fore. ] stayed probably about twenty
z minutes. Can not remember any more
!. that was said"
There was some questioning abou,
> the firing OF the mans clothes which
J brought out nothing new excepting that
r Douse said he had seen no sign OF gas
J, olne on the mans jumper before II
n took fire.
NEGLIGENCE EXCLUDED.
what was your condition or frame OF
mind at the time you cuffed Yamagata?
This question by Mr.. Kinney was OBJ
jected to by Messrs. Humphreys and
Fleming and the argument that en-
c sued brought out the fact that the in
1 dictment charged manslaughter by as
/. saut and did not mention negligence as
j., an element of the offense. Mr.. Hum
phreys was willing that the jury be
e instructed that they could not convict
J. this man OF manslaughter on the
d ground of negligence. The objection
= was sustained to the question and
!. others of like purport.
= NO ASSAULT INTENDED.
Mr.. Kinney said he was glad to re-
II ceive such a valuable concession from
t. the prosecution, and one handed ou
70 on a silver plate" He then asked:
, Had you any purpose of assautint
Yamagata in any way when you called
him back"
nut l'VbS' Hbii Nh'b'''N
e ically "It was to show him the natur,
). of the stuff he had brought In. Ny
object In telling him to hold out thu
tin was so it would not hurt him"
81 Defendant testified he had knowT
& something about the properties of gas
ia olIne for years. Asked If such knowl
edge was part of an engineers equip
ment he answered;
"a man can be an engineer and no
know nothing about gasoline"
He knew gasoline was infiammabl
r and would ignite from contact of
he flame or bright spark 1t would D.
,s dangerous to bring light into
:. closed room where gasoline had beer
~ smiled I'm quantity. There would not b.
X such danger In a wellventllated room
it such as the courtroom the other da!
when Mr.. Kinney tried an experimen
- with gasoline.
NO PREVIOUS TROUBLE.
"I did not have any trouble with de
ceased prior to that time" the defend
le ant answered further. "The tin wa
! in his hand when he said, Mr. Boss
10 please excuse me-"
Mr.. Kinney had not concluded his di
|
court adjourned for the day
ie Prior to the defendants appearance
,e ON the stand the defense had ealle
- Jas L. Coke, II. Miki, Maria c. Scott
~ trained nurse, and Emma Sperlinp
10 the head nurse at Puunene hospital {
II. Dlckey, Chas. Crozler and j. Ale'
Lyle. The three last witnesses wer
called to prove defendants preViou
he good character and reputation Nj
th Kinney had list OF about scoi
os more on this point, but the prosecu
tion admitted that they would testii
~ uniformly to the same effect as u
We others.
An interesting statement made b
n Marin Q. Scott was that she neV'
heard Yamagatn groan In hospital 20
ceptlng when Douse was visiting mn
or --,s%,s----
ed ChIIE0RNIA EIRI