The Hawaiian gazette., 1907-01-18
BURGLARY CASE
NARROWLY SAVED

Deputy Attorney General Flemni
snatched the Everett burglary cas-
from a condition Of collapse yesterda,
afternoon. Judge Robinson had called
the jury into court and announced 6
ruling against the admission of de
PENDANTS alleged confession. The ju
rors were actually in the room ant
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
II. Il. 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.. F'leming's 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, a 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
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 saloonkeepers 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 $35 or
$40 for the stolen goods and that 1t
was on the strength of that p, omise
that he told him about the key.
Mr.. Vida questioned largely by the
court. told of three conversations with
Everett, the last and crucial one at
about o'clock the day of the al est.
He told him he was go'ny 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 stoler
That was the first he heard of the
value of the goods. He told Everett
that if he was not guilty he need not
mike any offer No promise or threat
was made to him. 1t was Mr.. Lake
who told him about the key after Mr..
S"ully lad reported the burglar !, and
he asked Eve.ett about the key from
infoime lion received. He believed M.
Scully was present when Everett. mer-
toned the value OF the goods.
Detective Lake was called at tn.
courts reques He tolt of Mr..
oJully call tlle
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
Kow had made key to the order of
a negro answering Everett's descrip
ton.
1t was after hearing Mr.. Lake's evil
dence, in which hours of different hap
pcnings We're given, that the court
ordered the jury called in with the re-
mark, 1.-THE objection 10 admission of
he confession will be sustained"
Mr.. Fleming warmly asked If the
court was going to believe the negro
over the evidence of Mr.. Vida.
Mr.. Straus did not see why the de,
PENDANTS evidence should not be as
good rs anybody's.
Judge Pobinson said it was not a
question of veracity between Vida and
defendant at all, but the evidence of
Lake as to the time he Informed Vida
about the key, following which Hong |
Kee. a Chinese policeman, who was
sent after Wong Kow, supported the |
evidence of the defendant.
1t was while counsel and court We're
discussing this point that Lake reap
peared and affairs took turn in favor |
of the prosecution.
PROGRESS OF TRIAL.
Joseph Everetts trial for burglary
in the first degree was begun before |
Judge Robinson yesterday morning. w. |
5. Fleming appeared for the Territory. |
and l.. NJ. Straus for the defendant.
The first twelve men drawn We're ac-
cepted by both sides and sworn to try |
the case, their names being James |
Steiner, c, II. Bellina, Benz, II. Clarke, |
John j. Greene, VIM. G.. Walker, Eu- |
gene V. Todd, John X. Clarke, Albert |
X. Hoapili, Antoine l.. Perry, John L. |
John Duggan and William
Y. Schmidt,
The defendants confession will be |
the first matter of evidence coming !
nm this morning