The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-07
NEAR THE JURY
BUT CONTINUED
The Korean Case Hung Up IN
til Monday on Legal
Point.

T. s Choy and No. sang Bong, tn
man and woman of Korea, came nea
having their fate decided by the jur,
in the Federal court late yesterda,
afternoon.
Judge Dole had made a ruin.
against the objection of T. NJ. Harri
son for defendants, which allowed AS
sistant District Attorney ]. ]. Dunn,
/ to call the alleged husband No. l O.
No Sang Bong in rebuttal. On engag
ing that he would only keep the Wit
ness on the stand few minutes, Judge
Dole reluctantly consented to having
/ the trial concluded forthwith.
| After the witness came up. however
Mr.. Harrison pointed out something In
the statute, which he thought might
induce the court to change its ruling
At all events he would like to be heard
further on the point.
Judge Dole was about to continue
the trial until Monday morning, to give
counsel an opportunity for arguing the
question, bat Mr.. Dunno urged that
the case be put through that night.
He withdrew his witness and the court
took up the matter of requested in
structions, the jury meantime being ex-
cused until called in.
On the discussion of instructions Mr..
Harrison raised question that i'm
PEELED Mr.. Dunno to announce that he
would insist on calling the alleged hus-
band unless the court should change
its ruling in that regard. The state of
affairs now made it impossible to look
for an end of the trial that night,
therefore Judge Dole called in the jury
and excused them until Monday morn
ing at 10 O'Clock with the usual adj
monition against discussing the case
outside
Mr.. Harrison yesterday afternoon
called both defendants, the woman
first. She positively denied marriage
with the other man, and disownel a
little boy presented in the case as her
son.
Choy, having formerly been Korean
in that court, gave his evil
dence in English. He said he was
young man who had never been ac-
cused of any violation of law, never
been in Jail, and when he wanted to
marry Bong he asked her to tell him
truly if she were married already. If
so he told her the proper thing for her
was to get divorce and then he would
marry her. She informed him that she
was heart whole and fancy free, hav-
ing never been married to the other
fellow
Next Choy launched out into an at
tack on the witnesses 70 the prosecu-
ton. They were jealous of him, want
ed to do him up, and SO forth. Once
one came to his house with a pistol
at O'Clock in the morning, who was
and sentenced to three months
n jail.
Mr.. Dunno interrupted the narration,
asking what "alI that rigmarole" was
Tor. Being answered by counsel that
It was to show malice of the witnesses, |
Mr.. Dunno successfully pressed his OBJ !
lection as to one person named who |
vas not witness in the case.
The point on which the trial is hung |
Up until Monday bears on the compe- |
ency of the alleged first husband to |
estify. 1t appears that the statute
mentions two or three correlated Of
enses, in cases of which it is not al
owed to call the presumably legiti-
nate husband as a witness, but omits
he offense of adultery for which these
efendants are on trial. While regard
ng the omission as strange, Judge Dole
dopted the presumption that Congress
attended the omission.
NEW CROP STARTS.
A new crop of Edmunds Act cases,
hitch will be to harvest by the next
'ederal grand jury, has been started.
Seki and Takimi and Obata and Ia
imi are two couples arrested yester-
ay under that statute. They We're
ED by Commissioner Hatch in $500
all each for examination to take place
n Monday.