The Hawaiian gazette., 1906-04-20
THE AGONY
ABOUT OVER
CFrom Thursdays Advertlser)


Practically the evidence in the John
son murder trial is now closed book.
Deputy Attorney General Prosscr, Mt
3:4S y. IN. yesterday, announced that
the prosecution rested its case. This
was upon the release of DIR. Sinclair in
rebuttal from the witness stand.
Mr.. Harrison said he would put on
some surrebuttal on few points. Up
ON demand of the Deputy Attorney
General. the defendants counsel said
he desired to testify himself from a
personal examination of the soil where
the victim of the homicide was buried.
The object was 10 snow that mutilation
was not necessary 1or concoaling the
body. Also, lie wished to testify of in
tervicws he had held with the defen-
dant. Moreover, he would like to call
one or two witnesses that it WIS i'm
possible for him TO oBJa-n previously.
There was wrangle between counsel
as to. evidence already given on the
soil question, which the court inter
| rupted, saying, "These are only side
remarks - Judge Robinson said he
did not think Sheriff Brown said what
Mr.. Prosser quoted and went on to dis
countenance further prolongation OF
the trial, saying:
''Tkere must be nm end to this case
sometime, like to all litigation
Mr.. Harrison put a few questions IN
cross-examination, concluding by ask
ing DIR. Sinclair what fee he was going
to get as an expert and, when witness
said that was not yet settled, how
much he expected.
81 generally get from $2o to 500,
was the answer
| Mr.. Harrison then rested the defense
subject to the court S ruling on the ad
missihility Of his own proposed evi
dence.
The trial was then continued unit
10 O'Clock this morning,
DR.. Moore's cross-eXamination wa
concluded yesterday morning. His an
swers but emphasized the direct evi
dence he had given that Johnson wa
not insane. The theory he advances
was that defendant had attempted o
accomplished an unnatural crime an
when the child cried Johnson struc
and killed him. His conduct thereafte
showed realization of consequence
and mental calculation of how to avof
them.
DR.. A. N. Sinclair qualified shown
he had attended insanity eases her
and abroad. As physician to Leal
Home here such eases occasionally cam
to his attention. Answering the ny
J pothetical question he said Johnson, o
. January 3, was sane. From person;
visits to defendant in Jail he conclude
he was q man of poor education an
, low intellectually, but he did M
strike witness as mentally deticien
. His theory of johnson IS conduct, r
garding the homicide, corresponds
+; with that of DR.. Moore.
e "He was confronted with the tv
p propositions, whether to fly or to co
ceal the body the witness sal
"While not suffering from insanity
: was greatly excited. ] believe the ms
. was sane when be committed the erin
His actions did not show any partic
} lar form of insanity"
= There was a great deal in the h.
p pothetical question to show that
was not afflicted with insanity.
n Witness answered no to Mr.. Harl
!, son 5 question if defendant was sic
}. and silly without being drunk, so Til
very little drink would make hi
o sillier, did that indicate that he w
i. insane. AS to Johnson saying he sa
!. his watch in the water, that was
: indication of delirium tremens, f
whenever he was told his watch WI
in house he accepted the informatio
The alcoholism described was folloN
ed by deep sleep, AZ was also trans
tory frenzy. Johnson took hreahfa
that morning, but one having deliriu
tremens did not eat.
On redirect examination Dr. Sincla
said the subject of the hypothetic
question had no form of mania, al
no form of insanity, and was sufferir
from no form of mental derangemer
Recross-examined, he said the dila
ed eye of johnson might have been Il
normal eye, the other one being 60
stricted by exposure to the early NOR
ing light. There was n dispute here
to whether DR.. Hubert Wood testifi'
to dilation Of the eye on the secor
morning, and the stenographer's not
showed he said Johnson's conditiC
was about the same ON Dec. 20 as {
Dec 2S.
Witness said melancholia must n
be COMPOUNDED with n melancholy go
.dition. johnson had none Of the ca
dinal symptoms of melancholia. c
the dav of the crime he was practicall
normal.
IN he only had the symptoms of Il
hypothetical question:" witness sal
~ would have been very much 81
prsed if he should have broken out
| delirium tremens -