The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-03-13
ELDER HARMON
IS ACQUITTED

/
Mormon Elder Melvin NJ. Harmon
was yesterday afternoon in Federal
court acquitted of the charge OF sub
ornat:on of perjury in the George ke-
kauoha-Kalehua Edmunds Act case.
The taking of evidence was complet-
ed before Judge Dole, shortly before
noon and argument as to charges 10
the jury was taken up after recess. the
jury casting but one ballot and re-
turning, after retiring 10 consider their
verdict, within little over five minutes
with a finding of mot guilty.
Attorneys w. A. Kinney and W. S.
Edings represented the defendant and
Assistant District Attorney r. T. Raw
Inns conducted the prosecution. The
jurors were w. G. Ashley. Eugene X.
Allen, George Fern. Luther Severance.
E. S. Cunha. c, c. Kennedy, W. r.
Chilton. J. F. Colburn, R E. Mis-. W.
P. Roth, ]. W. Robertson and James
Wakefield.
The only witness on the stand yes
terday morning was the defendant who
explained those actions which brought
about the charge. He declared that
the two witnesses with whom he was
charged with tampering went to him
to ask his advice in regard to their
giving testimony. He had instructed
them that they might refuse to testify
in regard to any confession which
might have been made 10 them as Of
ficers in the church. He had said to
these witnesses when they called upon
him that it was his conviction that a
confession made through religious i'm
pulses was privileged and might be re-
fused as evidence, according to law.
He said he was only asked general
questions, although he had an idea
that the questions had to do with
charges under the Edmunds Act soon
to be taken before the court.
On Thursday last testimony was Civ
en- by Poi Kekauoha, a brother Of
George Kekauoha who was not long
ago convicted of a violation of the
Edmunds Act and in connection with
whose trial Elder Harmon was charged
with an attempt to pervert evidence.
Poi Kekauoha stated that he asked
Harmon for advice, Harmon acting as
president and being sought in his Of
fetal clerical capacity. This was after
Kekauoha had been summoned TO ap-
pear before the grand jury as a wit
ness against his brother who had con-
fessed in church meeting that he had
been living immorally. It. was in re-
gard TO this confession that advice
was sought. Harmon was said to
have instructed the witness to deny
knowledge of the confession. Poi tes-
titled that Harmon had gone to him
and Kalehua, in regard to the relations
of Kalehua TO George Kekauoha, say
ing that it was a secret and they
should not testify to it. but deny it.
Harmon was indicted at the last
regular term.
GODFREY WILL IN COURT.
There was filed in the Circuit Court
yesterday morning a petition for adj
mission to probate of the will of the
late Captain William Benjamin Cod
frey. formerly a resident here. whose
death occurred in san Francisco re-
Gently. the reason of the presentation
of the petition here being that certain
local property is a part of the estate.
a $3.50 lot on Prospect street and a
s1OO horse. The will has been admitted
to probate in San Francisco. 1t
states that the property amounts to
over $4,000 and is left to the widow.
the six children not being provided
for in the will since the deceased had
every confidence in the mother and
left it to her to dispose of the estate.
James L. Mclean is the only executor
here.
TWO WRITS OF HABEAS CORPUS.
BY two writs of habeas corpus. I
President Pinkham of the Board of
Health is ordered TO produce at 10 I
o'clock this morning Mary KelIihope-
ole Kamakahia and Anamalia Mauna-
kea, Hawaiian women alleged to be
lepers and now confined at the Kalihi /
receiving station. Attorney c. w. /
Ashford. who has brought these cases i
to prevent the women being sent TO .
Molokai, may eventually tame the mat
ter to Washington. If the law. at
tackled by Ashford and passed by the /
last Legislature, should be knocked /
out, the action of the Board of Health .
would have 10 be taken under the old
segregation law, when Ashford would
probably appeal 10 Washington while
he xr-a-o t,oII