Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-03-19
DURAO CASE DISMISSED
CONTINUED from Pare y

Correa asked II he was a typeset-
ter for the paper at the time the Of
Tending article appeared.
81 appear as attorney for this
young man." said Peters, land | ad-
wise him not to answer on the
grounds that he might incriminate
himself"
After some argument the Court
ruled that the witness did not have
to answer.
did you see the article?" asked
Correa.
Yes" said the witness.
do you know who wrote it,"
Peters again advised the witness
not to answer, on the same grounds
as previously, and this led to long
legal argument. Peters finally
brought up authorities showing that
the witness, and not the Court, was
the judge as to whether the answer
would be capable of discriminating
the witness, and, although Correa
objected strenuously, Peters point
was sustained.
who else worked on the A Liber-
dade as typesetter at the timer"
asked Correa. But Peters made the
came objection with the same result.
Ibid you see the writing of the
article?" tried Correa again. But
again the old objection was success
full.
Ibid Durao supervise the issue OF
the paper of Feb. 81" asked Correa.
81 advise the witness not to an
swer, as he might incriminate HIM
SELF" said Peters. And ! object on
the grounds that the question is inn
material. 1t seems to me that coun-
sci is acting frivolously in asking
frivolous questions in the face of the
ruling of the Court"
Peters was again sustained, and
Correa let the witness go. He then
called j. p. Rodriguez, and asked
him II Durao had told him that he
was the author of the article.
II object to the admission of a
confession in the absence of proof OF
the corpus delicti," said Peters, and
the Court sustained the objection.
Then we will have to rest" an
nounced Correa. Peters moved for
dismissal of the defendant on the
grounds that 1t had not been proved
that Durao had either written or
published the article. Correa SEEM
ed much displeased and banged his
| law books on the desk at which he
was sitting.
1T is of no use for you to lose
your temper, Mr.. Correa," said the
Court, which had throughout the
trial treated counsel with the great
est OF courtesy.
Il am not losing my temper" re-
torted Correa.
well, slambanging books around
like that is certainly discourteous,"
answered Judge Andrade. you
have received courteous treatment
from the Court"
Neither side cared to argue, and
the Court went on to pass judgment.
IF there is one thing which is
distasteful to the Court It is to let n
case OF on technical grounds" said
the Judge. But as long as there
are lawyers in existence there will
be technicalities. 1t is an elemen-
tary rule of law that every material
allegation must be proven by COM
petent evidence. In cases of libel 1t
is one of the most difficult things to
prove them. This defendant is
charged with writing this libelous
article and II anything is distasteful
TO me 1t is the appearance in the
newspapers of libellous articles, for
IL anyone gets into controversy
with a newspaperman, he is sure to
get the worst of 1t. There has been
no proof that Durao was the writer
or publisher of the article, and the
defendant Is dismissed"
Correa stated that the case against
the A Liberdade would have to be
continued until tomorrow, when the
prosecutor would enter a nolle pros