The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-08-24
DENING'S DETENTION
and HIS DEL|vERANCE

case. His ability and his motives were
ridiculed by the attorney for the de-
PENDANT. He said Dening came here
with his mind absolutely made up for
conviction. Did those facts square
with the proposition that Dening was
wanted for any purpose? Reference
was made to Lightfoot's calling Den
ing "a $4,000 baby" An attorney call
ing a witness was precluded from i'm
peaching the integrity or the credi-
bility of such witness.
What about the power of the
court?" Judge De Bolt asked
Ballou replied that the authorities
were scarce on that point. There was
no showing before the court by atti-
davit or otherwise that any documents
were to be produced as evidence in
the case.
He took sharp issue with opposite
counsel on expert witnesses. A ply
stefan must appear for the fee of 81
but no physician could be compelled
to do professional work in court, for
instance the examination OF a dead
body. Dening's case was strictly anal
ogous.
What about requiring physician
to answer a hypothetical question:
the court inquired.
Ballou replied that if Dening were
asked to translate documents it would
be professional work.
Lightfoot interjected a remark.
IF this is to be d shouting match, -
Ballou said, Il can hold my own. L
have as strong pair of lungs as
Mr. Lightfoot-well, perhaps not so
strong but l can be equal to the occa-
sion"
The court suppressed Lightfoot and
Ballou quoted a case where it was
decided to have been a breach Of equi-
ty to require an engineer to go from
New York to Philadelphia, take his
books along with him and close up
his business to be witness without
special compensation. According to
the position of the defense anyone
passing through in a steamer could
be detained as a witness. Ballou ad-
mitted the courts suggestion that II
the passenger was a necessary witness
in a murder case his detention would
be Just, but in this case there was
positively no averment of cause for
keeping Dening here.
Lightfoot rose to reply, when Pros
hD
The court having overruled objection
Lightfoot contended that there was no
rule of law which said that he must
disclose what he wanted Dening for
Neither could he find any rule for
paying him expert fees. He was
brought here in part by my money,
he concluded.
Judge De Bolt proceeded to render
an oral ruling. He was inclined &c
think the defense had the right to cal
an expert witness to answer questions
without doing professional work. II
was equally clear to his mind that ne
| expert should be compelled specially
to qualify himself or to perform any
work.
There was another feature OF this
matter, in the failure to show the ma
teriality of the documents to be trans
lated, but every party had a perfect
right to subpoena a witness without
stating what he was to be questioned
about OF course if parry filed
motion for a continuance owing to thu
absence of a material witness he mus
show materially. This hardly seemed
to be parallel to securing a witness IL
the first instance. In his hurried eX
animation of the authorities he Eel
that a witness could be called but coul'
not be required to make preparation
for his examination. The hardship t
Pro. Dening could not be brought int
, consideration, ana he was strongly o
opinion that any witness could be re
t quired to give his opinion.
2 Lightfoot interrupted the court t