The Pacific commercial advertiser., 1908-11-06
THE WYNNE CASE
NEARING AN END
Testimony Is Now All in and
Instructions Are to
Be Settled.

The testimony in the Wynne murder
trial was concluded yesterday morning
and the jury was excused until ten
'clock Monday morning, while the
court adjourned until ten o'clock this
morning, when a motion for directed
verdict will be made and argued. If
the motion is denied, the matter of in
struetions to the jury will be taken up
and settled
The United States rested its ease, and
Attorney Frank Thompson, ON behalf
of the defendant, called j. j, MaeDon-
aid, who was one of the coroner's jury
in the case He testified ON direct ex-
animation that at the inquest Wynne
appeared like man recovering from a
drunk, but on cross-examination he said
his condition might have been due to
the nervous strain of detailing the cir
cumstances of the killing of McKin-
non. No other witness was called by
Mr.. Thompson, the defense resting its
case on the testimony heard.
The motion for directed verdict viii
be based, among other grounds, on a
denial that the United States Court has
jurisdiction. The Rosecrans was in
port, moored at wharf, and Thompson
contends that it was therefore within
the jurisdiction of the Territory, and
that the Territorial courts alone have
jurisdiction.
Another point which viii be raised
ON the motion for a directed verdict, or
in the instructions viii be whether or
not the prosecution is obliged to prove
beyond a reasonable doubt that the
defendant was sane, and therefore legal
ly capable of committing a crime, as
one of the material elements of the |
crime. This point was touched on at |
the time the jurors were being examin- |
ed on their voir dire, and there was
some argument at that time as to just |
what the law on the subject is.
Judge Dole on Tuesday morning |
Dverruled the objection of the defense |
to the admission of the certified copy |
IF the American registry of the Rose
Grams, certified to by Deputy Collector
IF Customs Farley of the port of San
Francisco. The papers were admitted
IS evidence that the Rosecrans is an
American vessel, as alleged in the in
lietment. The admission of evidence
70 show that the Rosecrans is an Ameri-
IAN vessel was necessary in order to
,ase upon it the claim for jurisdiction
n the United States Court.
Orders were entered in the case di-
ecting United States Marshal Hendry
o pay the jurors and witnesses the fees
.ccrued at this term of court Among
he witnesses in the Wynne case. Cap
ain MADISON and Captain Gus Holmes,
ach received $216, fees and mileage, 1
nd there are other witnesses who win
.et as much or more. The mileage is
rom San Francisco and return.
His Life Was Insured.
G. Tashiro, as friend of the widow,
as asked for administration on the
state of Seikichi Shegeyoshi. who \
led in Japan March 3, 1908. He for {
lerly lived here and while here took
Mt a policy in the Pacific Mutual Life
insurance Company for $1,000, and this :
the principal item in the estate.
roof of death is filed in the form of {
certificate from the attending phv- [
clan at the time of Shegeyoshi g r
cath. The physician writes in Jap
nese and his signature is certified to
Y the American Consul at Nagasaki.
he japanese is translated by the con- q
liar interpreter.
The heirs of the deceased are his
idow and three children :
Bill Williams Estate. :,
c. HI. Dickey, as administrator of :
e estate of the late William F. VIII
ans, for so many years lighthouse
,eper in the harbor of Honolulu.
ade his final report yesterday and pc
toned for his discharge. The ad- ANN
inistrator has received $1593.52, and
ks to have expenditures of $1370.96
lowed In order to pay the debts
the estate, some property had to
sold. The widow is left with a lot
d small cottage on it in which
live.
Demurrer Filed.
John F. Colburn has fled demur-
T in the suit brought against him
Tax Assessor Wilder to compel him is