The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-04-09
The MINO OF
JOHNSON DISCUSSED
Continued on Page Five.

under some manuscript and hide them
J there and you look for them and go
away without them and @ nsider that
! / have a good joke on you. That is
/ one Hypothetical case There is no
criminal intent there. Suppose under
! the same circumstances / put the glass.
es away thinking they are pretty good
/ glasses and that l would like to get
I them for myself. There is criminal
| intent Taking these examples as a
| definition of a criminal intent, doctor,
would you say the defendant is capable
of forming a criminal intent?"
81 should consider that he was cap
able of forming a criminal intent un-
der that definition, though I do not
| think he would have much idea of CON
sequences.
The defense i'm the Johnson case
reached its final stage this morning
and tomorrow morning medical eX-
perts may be called to answer a hy-
pothetical question which is now BE-
Ing drafted by all parties. Harrison
having submitted an eleven page ques-
ton to which Attorney General Peters
and Deputy Prosser appear to have
objections enough to reduce it, If they
are successful to about a page and a
half.
DR.. Macdonald testified not as an ex-
pert on insanity, but as a medical
man who has had considerable person
al acquaintance with Johnson. 81 al
, ways regarded him as mentally de-
licient' he Said He was rather
stupid,-rather supplemented, what is
known as half witted,-I always re-
garded him as such"
The doctor said he had not made any
, special examination of Johnsons mem
tality. Asked if the feeble minded
ness he testified to would predispose
, one to insanity, he said that while he
did not claim to be a specialist on
the subject he understood that most of
the authorities held that any sort of
? mental defect was likely to predspose
the victim to insanity.
Peters asked as one OF his questions
= if the doctor thought the defendant
capable of knowing the difference be
tween right and wrong.
, "a would hardly dare to answer that
! question under oath" was the answer
/ after some hesitation. Il cannot say
The doctor said that the defendants
p head was not such as could be called
I abnormally shaped. The question as
+ to whether johnson was sane or in
s sane was put directly, and the wit.
e ness again declined to answer, saying
e he had made no special examination
t for insanity. The doctor was doubtful
if the defendant had much idea OF
right and wrong"
T Juror Mellis wanted to know II
drunkenness had probably brought
about the defendants condition. I'll,
doctor thought not. John Waterhoust
y asked if Johnson, in his visits to DIR
McDonald's office as messenger fol
Mrs. Kentwen, had ever carried verba
messages. In answer to this and othei
= questions, DR.. Mcdonald said that h,
: would not think of entrusting johnson
~ with a verbal message. The limit Of
n his competency was merely coming tC
the Office and asking for medicine or.
n dered by Mrs. Kentwel. f. O. White
n asked if there had been cases in which
Johnson, having been sent had failed
to find the Doctors office, and the doc
O tor thought such occurrences had taken
o place though he was not certain
0 The jury was excused to two o'clock
0 in order that Harrisons Hypothetical
question might be considered but after
0 a short examination of it, the attor-
0 neys found that they could not settle
0 it in a short time and the jurors were
further excused to tomorrow morning
0 This afternoon Judge Robinson and the
0 attorneys are settling the form of the
0 question, which is to contain COM
0 plete description of a supositious person
0 having the characteristics which the
. evidence in the case has fastened up
on Johnson and is to end with an in
quiry as to whether the witness thinks
such a person sane or insane