The Hawaiian gazette., 1906-04-06
OEGENtRACY
AND MANIA

Henry Wharton, father of the victim
was called by the defense in the trial
OF Frank johnson for the murder of
little Simeon Wharton. He was on
the stand the greater part of the after
noon and when the court rose his cross
examination was unfinished.
Johnson was first employed by wit
ness some years ago, Wharton taught
him various duties about his little farm
at Waialua, including the milking of
cows and the driving OF horses. John
son learned things readily. He was
entrusted with the driving of the
family buggy inside of week.
On only one occasion did witness re-
call an exhibition of anger by Johnson
toward the young folks. That was
when he was late turning out one
morning and Wharton sent some boys
to milk the cows. When Johnson went
out and found the milking had been
done he used proiane language to the
young people. Wharton told him that
next time he swore in presence of the
youngsters the gate was. there for him
to leave by. Johnson never let his
tongue loose again.
About last Christmas, or after the
words about his washing bill, Johnson
was somewhat moody. He talked but
| little with anybody, and least of all
with Mrs. Wharton.
1t was only few minutes to IL noon
yesterday when the prosecution rest
ed. This was after the memorandum
of Johnson's confession in Waialua
jail, taNen down by Chester Doyle and
signed by Sheriff Brown who had ask
ed the questions, had been identified
by Sheriff Brown on the stand and
admitted as evidence. Mr.. Harrison,
after slight hesitation, said he had no
/ objection to offer to it's admission
| Previous to the county sheriffs evil
dence. Officer Kanae, Turnkey Kawela
and Guard Keawekui of Waialua jail,
had testified that johnson was in no
/ wise abused to obtain a confession
! from him, and Deputy Sheriff Cox that
johnson had first admitted his guilt
to him after he had given him a eau
ton.
Cox related that he had discovered
Johnson kneeling on the floor of the
cell and praying God to help him. He
asked him what the matter was, when
johnson said he had something on his
4 llllllu. NuA nam " iiiS
right of remaining mute and then ask
ed him again what was the matter
Il killed the boy" Johnson made
answer and, replying to further ques-
lions, Said he killed him with his
pocket knife-he didn't know why, God
knew-and II was done between ten
and eleven o'clock.
johnson showed him in pantomime
the way in which he did the awful
deed. Cox corroborated the account
| by Brown of the taking of >Johnson's
confession.
| Mr.. Harrison, in opening the. case
for the defense to the jury, stated
that he intended to prove by medical
experts that johnson was mentally
deranged, that his head was abnormal
in shape, that he had less intelligence
than a child of seven years, that he
belonged to the class of degenerates,
that he was afflicted with homicidal
mania and, altogether, that he was
person not to be held responsible for
the crime with which he was charged.
On the point of degeneracy Mr.. Har-
rison quoted at some length from
treatise by DIR. I. Ray on the medical
| jurisprudence of insanity.
Deputy Sheriff Cox was the first
w'-ness called for the defense. He
was examined only with regard to the
topography and vegetation at the
scene of the tragedy. None of tho
buildings on the Wharton homestead,
he testified, could be seen from the
place where the boys remains were
buried, excepting the top of the water
| tank.
Deputy Attorney General Prosser still
conducts the taking of evidence, with
Attorney General Peters watching the
law points, for the prosecution.
|