The Hawaiian gazette., 1909-10-26
TEN CENTS FOR
MURDER EDGE
Man Who Sharpened Knife That
Slashed Sheba Gives
Testimony.
tFrom Saturdays Advertiser,

mere was nut one argument, one
statement, made yesterday in the trial
of the assailant of Sheba that gave
any intimation as to the probable de-
tense of Mori. 1t was when Z. A.
Douthitt, examining attorney for the
lawyers of the defense, hotly opposed
the testimony relative to the gravity
of Sheba s wounds, DR.. Collins, who
attended Sheba, being the witness.
Coupled with arguments of the open
ing day of the trial, Douthitt IS at
tempt to keep out this testimony
seems to indicate that the defense will
attempt to disprove the intent to muir
der and reduce the charge against him
to common assault and battery, with
q possible six months sentence as the
penalty for his deed.
Thursdays cross examination of
Sheba by Douthitt brought forth the
question from the latter as to whether
or not Sheba was in the habit of GO
ing about armed. This was commonly
understood~to be the case, and as the
knife with which the assault was
made was a small one, Douthitt evil
IDENTIFY wished it pointed out that
Mori IS last thought was to commit any
act that was deserving of such quick
retribution as gun would afford
against a knife of this size.
During the entire trial thus far, the
defense has been attempting to keep
out any testimony regarding the phys
zeal acts of Mort and trying to make
the prosecution stick to the barest evil
dence relative to the intent of the de-
PENDANT. Douthitt argued that the
gravity or the deepness of the wounds
did not enlighten the court or jury as
to what Mort s intent was, and as the
doctor had described the location Of
the wounds, their seriousness did not
matter. His objection was overruled
by Judge De Bolt and the evidence Of
fered.
The prosecution is almost pau and
the case will probably go to the jury
next Tuesday. Cathcart, in moving
for adjournment yesterday half hour
before the usual time, stated that a
witness which they would put on Mon.
day would more than save the time
lost yesterday.
Sheba IS cross.eXamination was fin
ished early yesterday, and he was fol.
lowed by J. S. McCandless, the sign.
painter, who was the first to rush to
the assistance of the editor of the
Shinpo. His testimony corroborated
that of Sheba; his rapid descent from
the ladder from which he was painting
"Bull Durham sign on the side of
house; his seizure of Morris hand
and command to drop the knife, cor
responded, as the testimony of a third
party, to the evidence offered by the
assaulted man himself. The defense
INDUCED in very little cross-examina-
ton during the entire day.
S. Ogata, an employee of the planters
association, misstated in yesterday Is
paper to be manager of the Hamano
store, was the next witness. His tes-
timony was also corroborative.
"Fishy" Testimony.
1t was thought before the trial com
menced that those witnesses subpoenaed
who were employees of the Hamano
store would attempt to "fence," as it
was reported that as soon as they saw
what was going on in the street they
Immediately withdrew into the store
and refused to compromise" them
selves. The testimony yesterday of X.
Hamanishi, the cashier of the store,
and brother of the proprietor, proved
this
According to his story, which was,
incidentally, fshy one, told on the
stand, he heard noises on the street
that led him to believe that his horse
was running away. This caused him to
run out. He "poked his head out of
the Eva door" and looked around. 1t
took ceaseless hammering on the part
of Cathcart to make him admit that he
saw any trouble at all, but finally con
scented to oblige the court with state
ment that he saw a man dressed like
Sheba lying on the ground. He saw
him through a gap in the crowd, and
swore that he saw no one else on the
ground. Sheba was evidently taking a
nap on the sidewalk, tenderly watched
by the population.
| Upon the completion of what testi
mOny he gave, Judge De Bolt ordered
him to "get out of here quick and mind
your business.
Sheba's Wounds.
The next witness was DR.. V. E. Col
Inns, the surgeon who attended the vie.
tim at the Queens Hospital. The
wounds, as described by him, consisted
of one on the top of the head of about
one and half inches in length and cut
to the skull; one on the left side of the
neck, very close to the principal blood
vessels of the neck, the jugular vein
and caratOid artery; two wounds on the
left arm, cut to, but not severing, the
muscles, and one small cut on finger
of the left hand These last were NOT
serious. 1t was the wound on the neck
the minute description of which was Sc
vigorously opposed by Douthitt, he evi
IDENTITY wishing it understood that Nor
was only trying to see how close he
could come to the iugular without cut
| ting II. Evidence as 10 It's denth was