The Hawaiian gazette., 1908-10-23
TRIAL OF WYNNE
HAS NOW BEGUN

oil steamship Rosecrans, about year
ago, was begun in the United States
District Court yesterday. Deputy Dis
trict Attorney W. T. Rawlins and Dep
uty Attorney General W. L. Whitney
appear for the prosecution, and Frank
Thompson for the defense. There was
a question in the beginning whether
the jurors should be allowed to sepa-
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 IS questions on
tits point led to 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
shoold instruct the jury that in that
case the prosecution must I.-ove the
man sane beyond a reasonable doubt
as one of the necessary findings to sup
port conviction, if he would asrept
that as the law and require proof by
the prosecution that the defendant Was
Il. IN
if his position was, in case no evidence
We're presented tending to show that
, tho defendant wds insane, that in that
case the PIT secution would have 70
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 II. Smith and j.
w. A. Redhouse. The defense has ex.
. eroised six of its twenty peremptories,
, having excused George f. Winter, j,
T. Cooke, H. +. Wichman, Donald M
Ross, Jacob Lando and Robert w. At
n kinson.
I For cause the following were chal-
lenged and excused: Clement Smith
| y.
more and William Smithies.
0 Those remaining in the box at the
close Of the days session were John
NJ. W. Bergau, st. G.. Sayres, Charlie.
t Scroggy, John d. Holt, Samuel Nainoa
' James II. Cummings
r. Divorces Asked.
The new divorce suits of yesterday
are Gasaburo Mitsutani from Hatsl
+ Mitsutani, his wife. He charges he
J. with desertion and cruelty.
a Mercedes l.. Duvauchelle charges Eu
gene X. Duvauchelle with non-support
u There are two children of this marriage
d One of them is eight years of age an,
O the other is twenty-one months old.
a Naluahi Ahana charges Ahana witt
desertion for twelve years.
Specific Performance.
In the suit of H. Kin Wal vs. Franz
Godfrey, trustee of Thomas Metcalf
q Judge Lindsay yesterday decreed tina
q the defendant should perform con
:. tract he entered into some time ago b,
. which he agreed to sell to H. Kin Wa
D. 10000 square feet of land at the cor
e ner of Beretania avenue and Alapa
.s street. The land has frontage of To-
/. feet on each street. Godfrey was OF
~ dered to execute a sufficient conveyanc
of the property.
L. zee . . Q % . 80 .
l. dropped in like manner. If it had bee
a. developed on smaller scale, it Nigh
10 have been successful. Mr.. Newc
thought the farmers Institute shout
is be force in the Islands in connectio
IN with the subject of water development
to land reclamation, and homesteading. ii
20 knew that the people here had to con
10 bat vegetable diseases and insects, an
Id said that probably no country in tn
c. world is so susceptible to plant disease
as a tropical one.
Death of Our Forests.
" One of the things that has puzzle
er him is the way so many of the forest
e. have died out. One person informs hil
Of it is due to the cattle, and another say
DC it is due to insects. Whatever it is,
p is strikingly developed in the Kohal
y. diobilct. bhC VI thc
I'd said that possibly the encroachment {
IS. foreign grasses on the forest distric
at had something to do with killing off IL
n. young shoots. Mr.. lsenberg felt thu
IN this was surely so.
IL 81 saw the Island of Kahoolawe,
be said Mr.. Newell, Sand this, to my min
an is the most striking and extreme il
as stance have ever seen Of grazing d
* nuding the island of its forests. 1T
mt a striking illustration of one method {
nd forest destruction. / saw thousands I
pc acres gone to waste and literally shoi
down to hardpan, with here and the
a little grass trying to hold the 80
an 1t is most remarkable. OF course, the
a. are a few thousand acres that might
m. saved, probably, by the use of alg
10 rObas, but nothing much can be dol
az until the goats are killed off and II
in cattle kept off.
y, at would be well to have some $