The Hawaiian gazette., 1907-11-12
QUESTION UP
TO JUDGE DOLE

The Mormon question" is now
souarely before Judge Dole in the Ke-
kauoha case. 1t came up by reason
Of a question asked by Judge Perry
OF the witness kekuku. II was argued
for nearly an hour pro and con AID
was taken under Amusement AT
O'Clock yesterday afternoon. TO be de-
oided Monday morning, TO which time
further hearing OF the case was con-
tinued.
Some OF the women who have given
quite pointed testimony as 70 the reia-
lions between George and Amia- the
dramatis peTSonae OF the episodes
under investigation. occupied the Wit
ness stand until about half past two
o'clock yesterday afternoon. when he
kuku took the stand. kekuku is s
Hawaiian in middle life, and deputy
tax assessor and collector for the dis
trict Of koolauloa-
Speaking through Interpreter Hop
kins. he said that he had known both
George and Ania for q very long time
He remembered q meeting at the Nor
mon church at I.aie in July OF last
year at which the relations OF George
and Amia had been discussed. George
and Anna were both there In addi-
ton there were four elders, or kahuna-
puls. and eight or nine kumI. or
teachers Having got this far. ]. J.
Dunno asked what was said about the
relations OF George and Anna.
.r.- -, ,-,Z s~--
sisted either that Dunno should further
question the witness as To the char
acIer and capacity in which those there
were present. or should allow him at
that point 10 crosS-eNamine the Wit
ness on this point. Dunno said he
would 60 il He then began a series
81 questions intended 10 bring out the
distinction between The elders, or. as
the witness said they were called.
leaders. and the teachers; between the
kahunapule and the kurnu- The OBJ
iect was TO prove by the witness thai
the elders. alone. the leaders or kahu-
uapute had clerical functions and pow
srs. and that the kumu or teachers
did not; and hence thar whatever was
said AZ that meeting was not COM
munication between 8 clergyman, or
clergymea. and peniIents. and hence
under the statute s privileged commu-
nication. but was q communication in
the presence OF clergynen and others.
and hence could not be privileged
under the statute.
The examination OF kekuku on this
point was long drawn out He seemed
intelligent and well informed as 10 the
rules and polity OF his own church.
bur il did not seem easy 10 make clear
% him the distinctions as between
Clerical and lay functions on which
his testimony was sought Dunno ask
ed him II kumu could perform the
marriage ceremony. and he said no
one could without 3 license from the
Territory. Il was in vain thar Dunno |
sought 10 find out from him whether /
the church would authorize kumu. /
teachers. 70 perform the marriage cere- 1
nOny even Il they were licensed 20. by /
the Territory. Finally Col Sam Par /
ker. one OF the Jurors. helped out by \
finding out who among the Normoas 1
were authorized 70 perform the mar
rage ceremony and then finding that /
N--E. wy 80 -E~-AAS-S - C--E- re------ .
napEls. and not teachers. or kumu. OF
as the witness describing their duties
had spoken OF them. policemen"
In the end Dunno got from the wit
ness that though teachers or kumu
might be present st 3 church council
where psnitelcS we're before them. yer
L was the elders alone who could
grant sbsOIuti0n- Il was the elders
and nor the teachers who could per
form baptism. administer the conuu-
Mon. and Jake part in the laying on Of /
lsn6s
On the basis OF this testimony Dunno
.lained thar he had & right 10 inquire
Is % what was said AZ that meeting
: 70 the relations between George
lekauOha the defendant and Arnia, as
.e Claimed he had shown that what
ve- Was said vas not : confidence
ecween = clergyman and penftenr. but :
TGS stated II the presence OF others ,
han clersyusn-
Judge Perry insisted. however. that
= had the right % cross-sxsmine the -
illness OF this matter and Judge Dole
-anted The permission He sought 70 )
how by the witness that though the T
might RO- have all the min I
'teri2l functions OF elders they had :
1us q them and were in fact clergy I
leu % The Mormon church Finally j
: asked the witness Il he and the &
,he-s did not consider that the pro- :
aedings o. that meeting were conf &
entail s part OF their religious OBJ c
.-vsncss, and duties. and as such rot Il
D. disclosed elsewhere a
To this question. 7 : Dunno OBJ 0.
ccei- He insisted mat the proceed
g we're privileged only r the statute Il
a6e them -. and no- because thoss II
king part il them thought they were a.
On this objection the two sides q
7gUe5 fo- the remainder OF the af- ?
moon Dune insisted that the evil :
noe had made i clear that ~ this Il
escrg there were TWO classes Of psr- Il
rs present. clsrgynea and Others, b
d that il could n0t De c0ntsnded thar Ie
( communications under these coz u
1io1s were privileged any more than y
could o coltec5e5 that 3 connuni- =
ti0u made by : client 70 his atto-- Fl
> IN the presence and hearing OF II
vsrzi Others who were not lawyers %
= privileged: q that II E psnireut 50
the Roman Church should make CT
70 3 priest in the presence 70
SsTsr2I Others Eh0 we're not priests