The Hawaiian gazette., 1910-01-14

showed absolutely that there was no
restrain on the part Of the respondent.
There WIS, he commended, no evidence
of any abduction or Of any fear by the
girl Of her parents.
Rawlins Severely Scored.
Lightfoot rose to reply to the motion
10 dismiss the writ, and in strong
speech that made the courtroom ring.
scored Thomas w. Rawlins as few men
have ever been scored in a Honolulu
courtroom.
Thomas w. Rawlins simply turned
red, twisted occasionally in his chair
and at times bent forward excitedly
TO whisper to his attorney. Lghtfoot
spoke for more than an hour, his ad-
dress being interrupted by the regular
afternoon recess of five minutes. He
began by stating that it is but rarely
that writ of habeas corpus ever is.
sues, except in criminal cases, where
there can be any direct proof of un-
lawful detention. People who are go
ing to do an unlawful thing don't go
up to the housetop and ring a bell
and proclaim what they are going to
do cit is very unfortunate that in
this case we can not put the good lady
herself on the stand and elicit from
her testimony to show illegal restraint
and there is good reason for that.
We have claimed that she is in terror
of her parents. If she is in that state
of terror, how can she be expected 10
come here and in the presence of her
parents do what she has been instructed
not to dot She dare not tell the truth.
She is not responsible for what she
said, because she is under the eyes of
the parent Of whom she stands in
terror.
"We know Thomas w. Rawlins and
we have seen his actions in this court.
room, and it would be marvel if a
man who could act as he has acted here
would not overshadow with his will
the rest of the family.
$50 we can not produce here any
direct proof. We must prove our facts
by circumstantial evidence, and if
there was ever in any tribunal of JUS
tice absolute circumstantial evidence
it is in this case and before this
tribunal.
Turning to the respondent in the
case, Lightfoot scored him. vigorously,
calling attention to his threatening at
titude in the courtroom and to the evil
dent fear of him which his daughter
evinced while on the stand.
Lightfoot referred to the contention
of the attorneys for the defense that
| when Ada G. Rawlins spoke the words
| which bound her to Omar David Con-
| ger as his wife, she did it with a men
| tai reservation. "Such thing would
| be unheard of, unthinkable, he said.
| He paid high tribute to the character
| of Mrs. Conger. "Never before has
the finger of criticism been pointed at
| her until her own father made her
point it at herself
| Lightfoot stated that the girl went
1 to friend and asked her to go to the
father and tell him what she had done
and try to fix matters up for her. Mrs.
! Conger, not knowing the customs of
courts, interrupted to deny this, but
was cautioned by one of the lawyers
to say nothing.
And then United States District At
torney Breckons came in for roast.
Lightfoot fiercely scored him for using
the power of his office to try to sepa-
rate husband from a wife, for call
ing Conger to come and see him and
then telling him that he wished the
young husband to stay away from the
wife of only four days. ''Such a
fit for the high position he occupies. -
Reason for the Guard.
The guard that is kept at the Raw
Inns home, Lightfoot claimed, was not
to protect Mrs. Conger or the Rawlins
family, but to see to it that Mrs. Ada
F. Conger did not run away and go to
her husband. And Lightfoot pointed
out to those in the courtroom the
guard, sitting just back of Mrs. Con-
ger, where he had sat throughout every
session of the hearing.
The attorney reviewed, incident by
incident, the entire case and all that
went before it. And then in conclu-
sion he said:
eff the case has not been made out
for the petitioner, then God help u.s.
for there has never been case proved
in this court The proofs will convince
any appropriated mind, as the proof
has convinced every reasoning mind
in Honolulu"
At the conclusion of Lightfoot's adj
/ dress Judge Robinson said he thought
/ that all evidence referring to the at
: tack made by Mrs. Rawlins on Mr.. and
| Mrs. Conger and the reference to the
! girls waist torn by her mother had
: been stricken out. Llgnt1oot SAID TINS
| was not so. Robinson retorted that
) , he had intended to strike it out, any
way.
Robertson Replies.
II A. G.. M. Robertson's address in re-
ply to Lightfoot was as cool, calm and
quiet as Lightfoot's was eloquent, SEN
sational and far sounding. Robertson
ridiculed the attorney for the petit
, toner, ridiculed his testimony, his ar
: guments and his manner of speaking,
= which he characterized as a dramatic
|. distortion Of fact. He contended that
!, there was absolutely no proof of lille
. gal restraint. The facts were against
;, him, however, and when Robertson took
: his seat, the judge denied the motion
:. to dismiss the writ.
I Conger Gets Ills Wife.
= The attorney for the respondent de