The Hawaiian gazette., 1906-06-08
DRAMA IN 4
DOUSE CASE
IFrom wednesday.s Adevertiserl

(From Wednesdays AdevertiseD
There was a touch of the dramatic
In the Douse case, on trial before
Judge De Bolt and a jury yesterday.
Douse is up for manslaughter on a
cntnge of venue from Maui, and the
allegation of the prosecution is that
he caused the death of Japanese
plantation laborer named Yamagata by
throwing benzine over the mans clothes
and touching a match to the volatile
fluid.
The defense seeks to show that the
Japanese was afflicted with chronic
nephritis, a disease of the kidneys, and
that this was the direct cause OF death,
it being claimed that the burns were
but superficial. DIR. w. F. McConkey,
enc of the three physicians who per-
formed the autopsy upon Yamagata,
had been called for the defense in ad-
vance, and was on his cross-examina-
tion yesterday by Judge Humphreys,
who appears for the prosecution with
Deputy Attorney General Fleming ana
Attorney Vivas of Maui. The doctor
testified that the examination of the
dead mans kidneys at the autopsy had
satisfied him and the other physicians
of the existence of nephritis. The or
gans had been cut up and examined,
but no microscopical examination had
been made.
Then Judge Humphreys produced
number of slides, which had been pre-
pared at the instance of the Attorney
General and which the prosecution
promised to connect with the case as
Int no ki1navS
of Yamagata, and at sign from Dep
uty Fleming a microscope was brought
into the courtroom and the slides were
subjected to examination.
DIR. McConkey. said that he thought
the slides would show the presence of
nephritis, provided the specimens were
genuine. although he would not like to
risk his judgment upon it, as 1t had
been long time since he had done
any microscopical work. However, the
doctor made a careful examination OF
the specimens submitted, and then he
said:
i found nothing indicating chronic
nephritis, but, as l said before, would
rot risk my judgment on microscope
ical examination of tissue, especially
when there is so much at stake
These slides had been prepared from
the tissue about ten or fifteen days
after Yamagatas death. Attorney
Humphreys recalled to the witness, af-
ter the microscope incident, the testi-
mony given on Tuesday to the effect
that the burns alone were not sufficient
to cause death, and the doctor said that
If person were afflicted with chronic
nephritis, the excitement produced by
.he burns might have precipitated
death.
The last witness yesterday was one
Hiyashi, who told the story of the as
sault upon Yamagata by Douse, and OF
the burning, as he had seen it. The
case went over for the day with this
witness still giving testimony.
COURT NOTES.
The Territory has interposed an OBJ
lection to the petition of w. r. Castle
as trustee for II. F. Lansing for Tor
rens land title to property on the wind
ward side of this island. The Terri
tory's objection, by Deputy Attorney
General Milverton, sets forth that the
strip of land claimed, twenty-five feet
wide, has been used as a public high
way and is the property of the Terri
tory.
The suit of F.. ]. Tesla against j. p.
Kahahawai and others was partially
heard before Judge Robinson yesterday.
George Sea went to Kalaupapa yes
derday to serve summons on Robert
Holt, who is at the Settlement, in the
suit of Carlos Long, administrator de
bonis non with the will annexed of the
estate of Robert w. Holt, deceased,
against John ID. Holt and others. The
suit is to quiet title to realty.
John F. Hackfeld has presented his
final accounting and received his dis
charge as guardian of the estate OF
Heinrich w. Ehlers.
Judge Lindsay has settled the bill OF
exceptions in the appeal case of Nj.
Phillips & Co. VS.. Wong Kwai. The
sum involved is 1854.
The libel for damages of Soderman,
a sailor, against the ship Hawaiian
Isles. was argued and submitted before
Judge Dole yesterday
The damage suit of Omoto Bunhichi
against the Rapid Transit was on trial
before Judge Lindsay and jury yes
terday, going over until today. The
plaintiff sues for $4,000 because of the
death of a child at or near Pawaa
Junction. on the lines of the company
defendant