The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-23
TRIAL Of WYNNE
HAS NOW BEGUN
No Jury Has Yet Been Selected
---Perempt0ry Challenges
Used.

The trial of John Wynne for the
murder of Engineer McKinnon on the
oil steamship Rosecrans, about d year
ago, was begun in the United States
District Court yesterday. Deputy Dis
trict Attorney w. 7. Rawlins and Dep
uty Attorney General W. L. Whitney
appear for the prosecution, and Frank
Thompson for the defense. There was
question in the beginning whether
the jurors should be allowed to 5epa-
rate during the course of the trial or
not United States District Attorney
Breckons urged that they should be
kept together. Thompson said he
would waive all objection to their sep
arating on behalf of his client Judge
Dole said the. practise of keeping
jurors together was relic of barbar-
ism, and decided that in the present
case the jurors would be allowed to
separate.
In the course of the examination of
Jurors on their voir dire, indications
were given that insanity would be the
defense. Mr.. Thompson s questions on
tLis point led to a question from Judge
Dole as to what he considered the law
of the case, addressed to Thompson.
Thompson asked Single if the defense
Of insanity were raised, and the court
should instruct the jury that in that
case the prosecution must T.rove the
man sane beyond a reasonable doubt
as one of the necessary findings TO sup
port a conviction, if he would accept
that as the law and require proof by
the prosecution that the defendant was
sane Judge Eole asked Mr. Thompson
if his position was, in case no evidence
were presented tending to show that
the defendant Was insane, that IN that
case Iac Pre- secution would nave TO
prove that the defendant was sane
Mr.. Thompson replied that he respect
fully declined to answer that question
at this time
The United States has exercised two
of its five peremptory challenges, hav |
ing excused Brainerd H. Smith and j. |
w. A. Redhouse. The defense has ex-
ercised six of its twenty peremptories, |
having excused George F. Winter, j. |
F. Cooke, H. F. Wichman, Donald Nj. |
Ross, Jacob Lando and Robert w. At |
kinsOn.
For cause the following were chal- |
Ienged and excused: Clement Smith,
L. c. Ables, Charles Bellina, r. w. Pod |
more and William Smithies.
Those remaining in the box at the
close Of the days session were John |
Lucas, R. S. Scott, Samuel Parker, Jr.; |
NJ. w. Bergau, st. C. Sayres, Charles
E. Frasher, R. w. Shingle, A. d.
John D. Holt, Samuel Nainoa,
James H. Cummings.
Divorces Asked.
The new divorce suits of yesterday I,
are Gasaburo Mitsutani from Hatsu
his wife He charges her
with desertion and cruelty.
Mercedes L. Duvauchelle charges Eu-
gene K Duvauchelle with nOn-support.
There are two children of this marriage,
one of them is eight years of age and
he other is twenty-one months old.
Naluahi Ahana charges Ahana with
lesertion for twelve years.
Specific Performance.
In the suit of H. Kin Wal VS.. Frank
Godfrey, trustee of Thomas Metcalf,
Judge Lindsay yesterday decreed that
he defendant should perform con
ract he entered into some time ago by
which he agreed to sell to H. Kin Wal
$1,000 square feet of land at the cor
Ter of Beretania avenue and Alapai
treet. The land has frontage of 100
eet on each street. Godfrey was or
cred to execute a sufficient conveyance
f the property.
The Princess Appeals.
An appeal has been taken by the
Princess Kawananakoa from the order
f Judge Lindsay striking from the files
er contest of the viii of her husband,
he late Prince David KawananakOa,
n the ground that she is not an heir-at .
lw of her late husband.