The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1910-09-28
STILL AFTER THE
CAPTAIN OF THE
DAVID EVANS

The ,chcmou,, with which Attorney
George Davis cm,od the Indulgence
ol me Police Court this morning for
leave TO substitute the evidence of DR.
Julian Gillespie for that of DR. Carl
Ramus iu the case 90 the Territory of
Hawaii against Frank r. Saunders,
caused mo- small amount of merriment
Saunders is captain of the schooner
David Evans and he is alleged to have
assaulted Allan Pasquoin by striking
him on the head with a pair of large
steel handouts. Attorney Davis ap.
peared Tor the prosecution and Charles
A. Peterson defended
Attorney Davis explained that DR.
Ramus had been subpoenaed under
misapprehension, it being discovered
that Dr. Gillespie had attended Pas
Quoin Immediately after the alleged as
sault and not Dr. Ramus. DR. Giles
pie was at the moment on the revenue
cutter Theus and would not be back
until Monday next and Davis asked
the court to take Or. Gillespies evil
dence when he returned.
District Magistrate w. w. Thayer
/ inquired If the testimony of DR.. Gil
| lespie was material and this brought
! Attorney Davis to the bench with an
emphatic assertion of the importance
| of the evidence. at is not only matc.
rial" he declared, but it is very ma
/ terial to the prosecution in these pro
ceedings There can be no question
about the materiality of the evidence A"
Attorney Peterson pointed out that
Dr. Gillespies evidence would be pure
ly accumulatiye, and this brought Al
torney Davis to his feet with another
objection.
Continuing Attorney Peterson stat.
ed that the Federal Court, recognizing
that this was an imperative case, had
dealt with it at once, and again AT
torney Davis objected
II was not so, he declared, but At
torney Peterson continued to point out
that the same set Of facts would De
gone into in the Police Court as had
been considered in the Federal court,
and yet again did Attorney Davis liz
terject
81 want to correct q statement right
here and now" he cried. THE Fed
eral Court has nothing to do with the
case of the Territory of Hawaii against
! this defendant. The case before the
Federal Court was a civil action
against the schooner David Evans II
was a proceeding in rem"
While this discussion was going on
A. NJ. Brown Deputy City and County
Attorney, had been endeavorine to
catch Judge Thayer's eye. A. this
point he succeeded and pointed out
that murder case had been special
ly set for hearing that morning and
had the right of way.
Attorney Peterson desired the case
against Saunders proceeded with as any
continuance meant further delay to
the ship which had been ready to sail
for the past ten days.
That was immaterial, said Attorney
Davis. if a man had violated the law
he had to remain and take his trial nc
matter how long he might be detained
1t was finally agreed to commence
the hearing of the case at 2:30 this
afternoon, but to take the evidence Of
DR.. J. H. Raymond first to allow hin
to leave the court.
Attorney Davis reverted to the ques
ton of DR.. Gillespie's evidence where
, upon Judge Thayer remarked that he
was sitting simply as a committing
magistrate and that he had to see il
the evidence adduced by the prosecu
! ton was sufficient to warrant a com
initial. If the evidence of Dr. GILES
pie was accumulative only there would
t be no need to call him at the Police
7 Court
l Attorney Davis agreed that if thu
t magistrate held that there was suffi
r cient evidence to commit the defend
F. ant for trial without calling Dr. GILES
2 pie it would be all right, but if h
" considered the evidence insufficient
then he (Attorney Davis) wished Il
D have Or Gillespie put on the stand
Or. Gillespie had attended to Pasquoil
Immediately after the assault and h
could testify to the nature, characte
and extent of the injuries. They wer
healed when DIR. Raymond examined
Pasquoin.
. Attorney Peterson asked that tn
last statement be entered on the re
cord, that the wounds were heale,
when DR.. Raymond examined Pas
= quoin. That, he added, was two day
y after the assault.
S Once more Attorney Davis made al