The Hawaiian gazette., 1909-10-29
morris TRIAL is
CLOSED INCIDENT
Instructions Ready for Jury and
Argument Will Begin
Today.
(From Wednesday s Advertiser

glory yesterday morning at eleven
thirty in the circuit court before Judge
De Bolt. AS the trial drew to a close
| the defense became more antagonistic
to the evidence which the prosecution
was seeking to introduce on rebuttal
The fine distinctions that have been
drawn hitherto relating to Mori IS real
intent-whether it was murder or a
mere desire to cut Sheba's head off
was dropped and larger hammer
brought out. Evidence which the de-
fense was saving till the last and
which, from the fight that was made
to have it entered, must have been
depended upon to great extent, was
not admitted and from then on, more
vigorous opposition to the prosecution
was manifest.
|, Mori s redirect and recross. examina-
tion was finished early and the defense
put three or four of Mori IS old Maui
| acquaintances on the stand in order to
show the defendant IS reputation for
veracity. The prosecution objected fre-
| quently and the evidence had to be
| placed on record in a roundabout way.
X. Kasamoto was the first of the Maui
witnesses and testified that he was
photographer by occupation and was
connected with the Salvation Army.
He made bad witness as far as
straightforward testimony was concern
ed for he attempted to avoid compro-
missing himself with direct opinion as to
the details of Morris reputation. Cath
cart, on cross.examination, became i'm
patient at his loquaciousness and he did
not add much to the case of the de-
fense, his testimony being lost in verbi-
age.
Senator w. J. Coelho of Waikiki was
| the next to take the stand and also
testified to his good reputation. Will
| liam Sparks of Kahului, now serving
on federal juries, was called to corrob
crate the testimony of the other two.
Mori undoubtedly did bear reputa-
| tion for truth on the other island ae-
cording to the evidence rendered by re-
sponsible witnesses, and it remains now
| for the jury to decide whether a man
can be truthful under ordinary circum
stances and have murder in his heart
at the same time.
James L. Coke, associate counsel for
the defense, was then placed on the
stand and the rockets and Roman
candles Immediately went off. The first
part of his testimony, under examina-
tion by Lightfoot, was similar to his
three predecessors.
He had met the defendant about
eight-thirty on the morning of August
| third, the date of the assault,
on Hotel street, and when the defense
attempted to have the conversation be-
tween the two men placed on record
the pilikia started. Cathcart entered
an objection on the grounds that it was
immaterial and irrelevant and the OBJ
| lection was sustained. Douthitt then
interrupted Lightfoot in the act of ask
ing another question and announced
that they would attempt to get the
evidence ruled upon before the court
! He did not at the time make an offer
of proof and the judge became trifie
| impatient. Douthitt finally made the
offer of proof and the jury were ex-
cused. Cathcart and Prosser started
in to laugh and the former went out
in the corridor to enjoy himself with
less restraint. Lightfoot joined him,
both in laughing and in the hall.
Douthitt then explained that the evil
dence that they wished to introduce
was to the effect that the conversation
between Coke and Mori related to the
latter S appearance in Maui court as
a witness. Douth.t argued that they
had right to have the evidence ad-
mitted on the grounds that a man who
was making preparations to see a
friend off on boat at noon and later,
TO follow himself to appear as a wit
ness in a case in which that friend
was interested, would not Inconvenience
himself with a charge of murder. This,
said Douthitt, would greatly damage
the prosecutions S contention that the
defendant was mailing preparations all
morning for the slaughter.
The court finally refused to consider
the offer of proof, the jury was recall
ed, and Douthitt noted an emphatic
exception.
During the argument, Judge De Bolt
said, somewhat sharply, 81 do not
think it proper for you gentlemen to
tride with the court in this manner
to persist in attempting to get before
the court evidence not in accordance
with the law.'
After Douthitt completed his argu-
ment, the court modified the statement
and then Douthitt asked that "the OPP
posing counsel be admonished not 10
indulge in raucous mirth.'
Cathcart was on his feet in an in
stant to remind counsel that Lightfoot
had also joined in the raucous mirtf
and stated that he did not think, that
being the ease, that the admonishment
would be in order Judge De Bolt
expressed himself to that effect and
"raucous mirth - occasionally enlivened
the proceedings for the rest of the
day,
Coke was the last witness for tn,
/ defense and in rebuttal the prOseeu
tion entered IA minute testimony re
lating TO the examination Of Mori al
the police station directly after h,
had been arrested for the crime. Mis-
|, dussie Clark, stenographer for Kin
ney's firm was the first witness al
she took down In shorthand the state
, ments made by the defendant tina
so ineriminaled him,