The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-21
A. c. DOWsETT
IS ACQUITTED


/ gone conclusion from Judge Dole
# charge, in which it was stated tina
e but for evidence of tampering with
d witness. on behalf of defendant, a di
V rected verdict of acQuittal would hav
o been ordered.
!. VIM. T. Rawlins, Assistant Distric
: Attorney, rested the case of the prose
cution at lo:4o in the forenoon. Juds
$ Humphreys for the defense had n
: evidence to offer and recess was take.
f until p. m, instructions TO the jur,
= requested by counsel in the meantim,
5 being considered by the court.
At the reopening of court Mr.. Raw,
Inns addressed the jury. speaking abou
, half an hour He referred TO his ac.
quaintance from infancy with the de-
fendant, which made his duty an un-
pleasant one. Then he reviewed the
evidence, admitting its wholly circum-
stanial nature. and argued strong
probability of Illicit relations between
Dowsett, a married man, and the un-
indicted correspondent, Mabel Wond.
In particular he mentioned her stay
with him alone for some days at Puu-
loa and their having occupied the
same room for a night at her uncle's
house at Waialua.
Judge Humphreys opened by con-
trasting New England narrowness
with Hawaiian liberality in ways of
regarding the association of sexes. He
told funny story in this connection.
which made court and jury smile The
| theories of opportunity and of proba-
bilities, counsel pointed out, made no
presumption of criminality when con-
sidered along with old Hawaiian Gus
toms. The presumption on the con-
trary was one of mans honor and
woman's chastity. Judge Humphreys
spoke of how the elderly uncle of the
young woman, who was host at Wal
alua of both her and the defendant,
was fairly astounded at the implica-
ton of any impropriety in giving them
the same room. There were but two
7.
wife was i'll at the time.
Judge Dole in his charge made it
clear that he did not think the prose-
cution had made out case of Grim
inality. He quoted Dana's work, |
Two Years Before the Mast" in his |
reference to the free mingling of the |
sexes in Hawaiian homes, with the |
authors conclusion that it signified |
not immortality but innocence The 4
court adopted pretty fully the view |
of counsel for the defense. that thu /
circumstances proved were not suffi- /
cient for a conviction. Up TO the /
production of evidence that was un-
contradicted. of efforts having been
made to induce one of the principal
witnesses TO change his evidence. the
court was prepared to have directed
a verdict of acQuittal. When, how
ever, such evidence of improper con-
duct toward a witness was presented
the court decided that the case should
go TO the jury
The evidence in question was that
Joe Smith, the boy who gave the
strongest testimony for the prosecu-
ton, had been approached by the de-
fendant and others, asking him to
change his evidence to save the de-
fendant from trouble (pilikia).
- - - = - y - y = = - - - y - ~
elsewhere in this issue. The report was
placed on file without comment.
DECEMBER FIRES.
Fire, Chief Thurston reported the
number of fires attended during De-
cember at ten, at which property valued
at sl2, ,097 was destroyed. The property
at risk through the fires was insured
at 40,550, and insurance on the burn
I'd buildings and stocks had been paid .
to the amount of S9O95.
SUPPORT OF LEAHI HOME.
In two-page opinion the County
Attorney stated that the Board could I
egaily appropriate money for the sup
port of the Leahi Home. The amount
by the members is seventy
i've cents day for each county pa
lent. [.
orHE$MArrERs.
Jared Smith called the attention of
he Board TO the bad condition of the
Dad between his office and the expert
nent station.
The residents of College Hills ask
d that another top dressing of ma n
adam and coat of oil be given to L
heir road.
County Engineer Gere reported the g