The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-17
BURGLARY CASE
NARROWLY SAVED
In the Nick of Time II Is
Snatched by Fleming
From Collapse.

afternoon Judge Robinson had called
the Jury into court and announced a
| ruling against the admission of de-
| PENDANTS alleged confession. The jul
rors were actually in the room and
| heading for the box when Mr. Fleming,
by vigorous objections, delayed the
| proceedings until other things happen
ed which put a different face on the
matter.
The first thing to happen was the
voluntary temperance of Detective
H. T. Lake, to inform the court that
he might have been mistaken in the
evidence he had just given, while the
jury was out, bearing on the confess
sion, and asking for time to procure
a memorandum to refresh his memory
In the meantime the court had paid
enough attention to Mr.. Jennings OBJ
jections to suggest that Henry Vida
might be recalled to see if he might
not have been mistaken about the
times at which he held conversations
with Everett the day the latter was
arrested.
The end of it all was that Wong
Kow, Chinese locksmith, was called
and gave evidence as to the time of
Lakes visit to him and his Identify
ing of Everett as the negro for whom
he had made a key. As Rows story
made Everett's account of what hap
pened after his arrest look doubtful,
the court withdrew it's ruling and in
timated that the confession would
probably be admitted this morning.
Mr.. Scully of Grimes & Scully, the
robbed saIoonkeepers in the case, was
called on the matter of admission of
the confession and told of his laying
the complaint before Assistant Sheriff
Vida, which led to Everett's arrest.
Everett took the stand and told a
story to the effect that Vida promised
to let him off if he paid the s35 or
$40 for the stolen goods and that it
was on the strength of that promise
that he told him about the key.
Mr.. Vida, questioned largely by the
court, told Of three conversations with
about o'clock the day of the arrest.
He told him he was going to prose-
cute him and anything he might say |
would be used against him. Everett |
told him he would leave the country |
if Vida would let him settle with |
Scully & Grimes by paying them the
s35 or $40 value of the goods stolen. |
That was the first he heard of the |
81 fol- r-off
that if he was not guilty he need not
make any offer No promise or threat
was made to him. 1t was Mr.. Lake
who told him about the key after Mr..
Scully had reported the burglary, and
he asked Everett about the key from
received. He believed Mr..
Scuily was present when Everett men
toned the value of the goods.
Detective Lake was called at the
courts request He told of Mr..
Scully's call shortly after the opening
Of the County Attorneys office on the
morning in question, who informed him
Of his suspicion of a colored porter
formerly in the firms employ. Mr.
Scully told him of a broken key and
from that clue he found that Wong
I<ow had made a key to the order of
Z
ion.
1t was after hearing Mr.. Lakes evil
lence, in which hours of different hap
1enings were given, that the court
ordered the jury called in with the re-
mark, THE objection to admission of
he confession will be sustained"
Mr. Fleming warmly asked if the
,ourt was going to believe the negro
,yer the evidence of Mr.. Vida.
Mr.. Straus did not see why the de-
endants evidence should not be as
FOOD as anybody's.
Judge Robinson said it was not I
question of veracity between Vida and
defendant at all, but the evidence of !
AXE as to the time he Informed Vida |
bout the key, following which Hong
Zee, Chinese policeman, who was
ent after Wong Kow, supported the s
of the defendant.
1t was while counsel and court were
discussing this point that Lake reap
feared and affairs took a turn in favor
f the prosecution.
PROGRESS OF TRIAL. !
Joseph Everett's trial for burglary :
4 the first degree was begun before G
Judge Robinson yesterday morning. w. G
/. Fleming appeared for the Territory. {
nd L. NJ. Straus for the defendant. c
The first twelve men drawn We're ac- t
epted by both sides and sworn to try S
he case, their names being James
teiner, c. H. Bellina, Benz. H. Clarke,
Ohm J. Greene, VIM. c. Walker, Eu- c
enc Y. Todd, John K. Clarke Albert C
:. Hoapili, Antoine L. Perry, John L. {
Vhitmore, John Duggan and William I
). Schmidt II
The defendants confession will be =
he first matter of evidence coming
p this morning.
BEFORE JUDGE DE BOLT.
Argument to the jury will take place
efore Judge De Bolt this morning in
ne suit of Otto against Oahu Railway
Land Co, for $4,000 damages for the
illing of plaintiffs four-year old son
n the track at Eva mill A long time
as spent yesterday afternoon, the
Try being excused, in settling the
ourts instructions. Geo. A. Davis
nd s. F. Chillingworth are the attor-
eys for plaintiff, and A G.. NJ. Robert
on and Robbins B. Anderson for de-