The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-04-12
DR." WALuCH
IS CONVICTED

J. Lor Wailach. the female rocks
leprologist. was convicted OF perjury
yesterday afternoon for false swearing
to his place OF residence In registering
as voter for last election. A recom-
mendation to mercy was tackled upon
the verdict which had taken the Jury
three hours and forty-eight minutes to
find.
The jury consisted OF John Duncan,
James r. Pearce. A. d. Bolster, G. r.
Moore. Chas. A. Simpson, Hiram Kolo-
moku. Joseph Morse, Jas. r. Arcia, e.
Erickson, f. II. Armstrong, James
Steiner and A. F. Cooke.
w. C. Achi for defendant noted ex-
ceptions to the verdict with notice of
motion for a new trial. Sentence was
set for Saturday morning at o'clock.
A few minutes before the jury re-
turned its verdict, the court being in
recess at the time. Mr.. Achi said to
Judge De Bolt that he was surprised
IL
of adquittal in five minutes. as IL he
had written the entire charge of the
court himself he could not have made
it more favorable to the defendant.
Wallach, at the trial, gave out an
entirely new formula of his cure for
leprosy. 1t is simple one withal.
There are no female rocks in it. nor
yet worms from near Bombay. The
ingredients he now stated to be olive
oil and tar.
He had testified that he took lodg-
ings at KIemme's place, corner of
Queen and Richards streets, because
the fumes of his cooking medicine at
Victorino Vasconcelles' place, Miller
street, impaired such a pungent odor
to his room there that he could not
sleep in It.
Asked what the materials were which
were so odoriferous he declined to
answer, saying, You want to find out
my secret" The court ordered him
to answer the question and he said It
was olive oil and tar that he boiled
together.
A roar of laughter arose from all
over the courtroom at the discovery.
The jury went out at 1;52 and came
in several times in the afternoon to re,
port disagreement. Judge De Bolt.
however, held them to deliberation.
At 5:07 they started for the court
room and then turned back, one of
them refusing positively to return to
the courtroom without verdict. Yet
they did come in again in a few min-
utes, when Mr. Cooke stated that some
of the jury wanted to know more par
ticularly just what he meaning of resi-,
dence was
Judge De Bolt again read from his
instructions the definition of residence,
adding some remarks and answering
a further query from one of the jury
men.
Then the jury filed out again and
was back with it's verdict in about
five minutes more.
The charge of the court which pleas
ed Mr.. Achi so well said nothing
stronger in Wallach's favor than that,
though the jury We're convinced beyond
reasonable doubt from the prosecu-
tions evidence that the defendants
residence was at Mrs. Vasconcelles'
place, If the evidence for the defendant
that he also had a residence at Klein,
mes, from which he registered, created
a reasonable doubt OF his guilt in their
minds they must acquit him.
Pending sentence Wallach is out on
500 bail, his bond pending trial con-
tinuing. Il. w. Sutton, watching the
close of the proceedings for Attorney
General Peters. who had conducted the
prosecution, did not object to the
courts continuing the bond.
Chester Doyle, however. accosted the
court before II had adjourned saying
the bond would not be any good since
the case was disposed of.
Judge De Bolt answered him shortly
to the effect that the case was not dis
posed of until sentence, and 1t was too
late in the day to require the defend
ant to look up fresh bail.
The maximum penalty for perjury is