The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-02
"THE THUG
P|LLOR|EO
Lightfoot Argues Truth
OF Water Cure
Story.

| WHEN A THUG IS GOING TIC
TORTURE A NAN HE DOES NOT
CALL HELP-RE DOES NOT AID
VERTISE HIS INTENTION. HE
GOES INTO SECRET PLACES. sc
IT Is THAT WE HAVE ONLY THE
EVIDENCE OF THE THUG AND OF
| THE VICTIM"
Thus Mr.. Lghtfoot commented in
iargument yesterday afternoon upon
the failure of the prosecution to con-
tradict the Korean defendant, Y. Man
| Yong, in his story told under oath, OF
torturine he suffered three successive
nights, in the police station, at the
hands of Henry Vida
At the close of Mr.. Lightfoot' S
speech after 4 o'clock, Judge Lindsay
ing, in presence of the jury this morn
ing. upon the admission or rejection OF
defendants alleged confession. For
two days. the jury being excused, evil
| d6nCe anu OIi Ills dUCoNiO4i
| had been heard.
| Yesterday morning the cross exam
ination of Yong by Deputy Attorney
General Fleming was concluded.
Messrs Lightfoot and Noar called as
next witness the woman in the case,
who had visited defendant at the sta
ton at the time he was in custody
| there. She testified that Yong was
feverish and excited. Her interference
in defendants case. the witness said,
| caused her home to be broken up and
her husband to leave her. She admit
| ted she was very fond of the Korean,
| and she was emotional on the witness
stand.
| Messrs Fleming and Cathcart for the
prosecution called policeman Joe Leai
and Turnkey Melanpny, who did not
contradict any of the main facts al
/ legged by defendant Melanphy denied
| that he ever refused Yong water, and
| Leal that he had slapped Yong's hands
while thrust through the bars of his
| cell.
| Mr.. Cathcart made the closing argu-
ment for the admission of the confess
sion He treated defendants evidence
about the water cure and other tor
| lures as incredible. Nobody who had
| lived here a year would believe it. The
suggestion of Sheriff Browns absence
| from town that day was given as
reason why he was not put on the
stand to contradict the defendant Mr.
Cathcart also drew favorable conclu-
sions for the prosecution from the wo.
mans evidence.
Mr.. Lightfoot, replying, dealt sar-
, castically with the failure of the pres
cution to call Sheriff Brown. The Sher-
iff was too busy electiOneering. for.
sooth, to be concerned when only the
liberty of poor Korean was at stake.
Policeman Leal. the one not called,
perhaps was too busy electioneering
likewise
Il know there is too much Scotch
justice in that head of yours, your
Honor, to stand for that sort of thing"
the attorney said. Your Honor's
ernine is spOtleSs and therefore /
know you will not stand for that sort
of thing. I say this advisedly because
/ know the history of a great deal of
! important litigation that has come be-
fore you and have myself been turned
down in some of it.
| Opposite counsel had said there was
no evidence of promise of reward to
| defendant if he confessed. But tina,
| Korean was in fear from day to day.
| Vida admitted he talked in a loud tone
ito him and not kindly-'I did not feel
that way was his evidence
Mr.. Lightfoot rung in Magma Charta
and the curse by the Archbishop of
Canterbury upon anyone who should
abridge the liberties of the subject. The
days of the rack and the thumbscrew
as modes of eXtorting confessions were
past. There was no power in the Terri
tory of Hawaii or in the United States
of America 70 compel a man to take
the stand in court and testify against
himself.
Shall we allow to be done by indi-
rection what cannot be done directIy?'
Even if a man could be compelled to
go on the stand he was always sur
rounded by the presumption of inno-
cence until proved guilty. Confession
could not be received unless made
without the influence of either hope
or fear.
Eliminate the story of Yong altogeth-
er and take the story of Henry Vida
and the other minions of the police de-
partment, and His Honor could not
stand for it. When counsel said no.
body who had been here for year