The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-04-06
THE MURDER
ADMITTED
From Wednesdays Advertisor.)

VI rOiH Wednesday s AdvertiSnr.)
God help me! l murdered Simeon
Wharton"
Falling on his knees in Jail at Waia-
lua before Deputy Sheriff Oscar Cox,
according to the testimony given by
that official in the johnson murder
case yesterday, johnson said tnat to
the officer.
At this point Cox was stopped by
Attorney Harrison for the defense,
who objected because he said that it
was incumbent upon the prosecution,
before offering this confession in evil
dence, TO show where johnson had
been and what influences had been at
work on him from the time when Cox
had seen him on Wednesday night
and the Friday morning when he was
reported to have said that to Cox. In
other words, Attorney Harrison claim
ed that the prosecution, in present.
ing confession. had to show that it
had not been obtained under duress.
(which shows all You know about
it, said the Attorney General.
Harrison proceeded to read decisions
on the matter, when Peters again in
terrupted him. 1--WE are working
under statute here" he said.
AT least the jury should be excused
while this matter is being fought OUT
said Harrison.
Mr.. Prosser for the Territory agreed
to this, and as there were some signs
of heat apparent, Judge Robinson or
dered a short recess. and the jury filed
out into the hall. After the recess the
jury was excused, while the attorneys
settled the matter of the confession.
1t was finally determined to permit the
defense to secure the attendance of
witnesses from Waialua, if any could
be found, to show that the confession
to Cox had been made under duress.
This matter will be gone into in court
this morning, and the point will be
fought out at this stage of the pro-
ceeding. Then the case will be gone
on with.
The trial began yesterday morning
with the calling of r. A. Duncan.
government chemist, who testified
that the stains on Johnson's clothes
found after the murder of the little
boy were blood stains. Two Japanese,
Nishimoto and Nishi Yamada, saw
Johnson on the day of the death of
little Simeon Wharton, but noticed
nothing unusual in his demeanor.
At the afternoon session, DR.. HUI
bert Wood told how the wounds in
flicted on the little boy had caused
his death. He also gave it as his opin-
ion, on cross-eXamination, that there
We're no signs of the commission of a
crime other than murder.
Then Deputy Sheriff Oscar Cox was
called to the stand and told of how
he had been called to the place, had
summoned jury and prepared to hold
an inquest. He had placed Johnson
under arrest, but not until he had eX-
amined the man, making him strip
and examining his underclothng. The
witness said that he found blood stains
on the garments worn by the pris-
| oner
How did you know they were blood
! stains?' asked Deputy Attorney Cen
| eral Prosser.
Il guess 1 know blood" answered
| Cox.
Cox said he had arrested Johnson on
Wednesday night and had not seen
him again until Friday morning. Then
| he went to the Jail, where the pris-
oner was in charge of the jailor, and
saw Johnson through the bars
after breakfast. Johnson had asked
| him to come inside, and he had
| gone in.
johnson said" testified the witness.
| that he had something to say to me-
He fell upon his knees in front of me-
raised up his two hands, as if in
prayer. saying God help mel"
At this point Attorney Harrison
| interposed an objection that the foun-
dation for the confession had not been
laid. IF you had waited for the next
| question" said Prosser, you would
have seen that we were coming to
that"
/ 1t was brought out that Cox had
warned Johnson that what he wanted
to say must be said of his own free
will, and the prisoner, still on his
knees, had admitted the killing.
And it was at this point that Mr..
Harrison put in his question, and Sc
cured the fighting out of the confess
sion issue.