The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-11-19
MORMON GEORGE
FOUND GUILTY

which Tor eight days has been listen
ing 10 the evidence, returned verdict
Of guilty in the Mormon ease at Asa
O'Clock yesterday afternoon. after be
ing but TIVE hours and a quarter.
Notice Of motion for new trial
wSs given by defendants counsel.
Judge Perry, but sentence was set for
2 o clock this morning. The maximum
sentence that can he imposed is three
years.
In this ease George Keksuoh=, Road
Supervisor for KoolSuloS, was indicted
under the Edmunds Ae; for Siultery
with AAiS Liilu committed February
Il, 1897. II hiss acquired the designs
tien Of the Mormon case" from the
fact, partly, thSt both p&rties and most
/ Of the witnesses are Morrons, bur more
particularly from the fact thSt il was
alleged thar AZ church meeting OF the
/ Mormon church. held in July, 1906, the
LdefendSnt Srd AmiS confessed 10 sdul-
tery. and the question WAS raised
whether this confession, being admit
teddy Sn affair Of conscience Snd church
discipline, was s privileged eommuni-
cation about which witnesses eould not
be compelled 70 testify. Judge Dole
held thSr 1t was not such privileged
communication
The testimony was concluded on
Thursday. Yesterday morning Was oe-
eupied by argument Of counsel, and
Judge Dole charged the jury shortly
before O'Clock
In his address. which occupied about
sn hour And quarter, Judge Perry
laid stress on two particular points. The
Indictment charged the oEense TO have
been committed ST the defendants own
house on February L, 1907. the same
being the Chinese New Year s For
the defense, the defendant testified
that he WAS not St his house from early
in the morning Of that day until after
II o'clock ST night, but wss st the
house % David Nalo some distance
&wSy. David M&lo And his wife fully
eorroborate6 this testimony except as
70 the date, on which their testimony
Was that. on February p, Kekauoha
told them he had been indicted for an
act alleged 70 have been committed
February u, which he said 70 them
WAS the day lie was at their house, ard
that they thus remembered and fixed 1
the date.
The Other point on which Judge Per
~ dwelt wzs the abb for Amia Liilii,
which WAS bNsed on the testimony Of
TWO women who say she wzs at the
house OF one o: them distant from the
defendants house, for some OF the
hours during which II Is alleged she
Ms az the house Of the defendant One
IF these witnesses fixed TIE day by res
soa OF the fzct that her husband is 8
-hin2man. and that this Was Chinese
New Years. and the other by reason
Y the fact that II was the day before
ser child. horn February 9, was blessed
" the Mormon elders, which was the
thirteenth
This evidence, Judge Perry claimed,
established an abb for both the man
nd the wouzn-
J. ! Dunne for the government :
oiated out the weak places, as he Z
iewed then, IN these aibiS, and urged G
he overwhelming evidence OF other !.
illnesses, and what he claimed was the ;
Of errur and falSehood On the Z,
art Of the witnesses testifying II be- 4
IF Of the defense
The jury stood for long time nine :,
three IL fzvor Of conviction bat final p
the three were w0n over, and the q
p was unaniuo1S z
In Judge DoIe's charge TO the jury =
ere was very uueh that was inter ?,
ting aside from rs relation 10 the VI
se At bsr- He began b. saving
II i not = pleasant task 70 uy
zrz=S u-6er The Edmunds Act The p
lirs6 States Government has adopted =
: policy q prosecuting crimes
ainSt The marriage status and O-her
snses under The act. which sre car -
1 On eonSpteuously. as II were. be- =
< The community. and II Is tie duty
The court O which the jury Is an
p0rtsur part % Uy such cases zs
sfuIly as any 0ther. and fairly -
4 Ss6es- Tns following are the gen =
] rules vhfch guide the zcttorS % =.
is n Es5zhnz evidence II al -
- -
e then gave sous q TIE Leading -
,cfplss q 2T sppEczble- defining -
Sozzb1s doubt direct and CirC1D-
asizl evidence and The necessity of -
wig every material fact essential
he couplsrs chain o fats % eS-zb- -