The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-12-27

talk DOuthitt maze strenuous attempts
to gain admissions lion him. lie seem.
ingly admitted everything concerning
the grand jury s ne. al condition, but
the admissions were rot along the eN-
pected lines
Their Belief.
al heard statements, be aid, that
Lane might not have been punished as
severely as he might have been. lie
added later that he believed that this
was the general feeling among his fell
low members.
Douthtt here made an attempt to
broaden the examination, to which An.
drcws objected on the grounds that
the court had ruled all examination
confined TO events before the day on
which Andrews was admitted to the
ury room and on which the indictment
was returned against Lane. The OBJ
lection was sustained, but Douthitt
wanted to know why to get at the
mental condition of the jurors, he
could not extend his examination to
events afterwards
''Becausc," snapped Andrews "the
next day they learned the facts and
had n right to discuss it amongst them
Selves
That opened mp new testimony which
other witnesses brought out 10 the effect
that on not one occasion had Cathcart
or his deputy. Fred w. Milvertun. pre-.
fore the grand jury. These two took
care, according to the testimony, to
tell the grand jury that the "attempt
to assault charge against Lane had
been nolprossed that he had been
charged and convicted on a vagrancy
charge, that he had been sentenced to
year in Jail and that the jury could
not indict him for the greater offense,
but the witnesses emphatically stated
that not once had the two legal officers
of the city told them the facts of the
ofiense and permitted them to Judge for
themselves, and IL was not until they
obtained that information from the
attorney general that they had suiii.
cient upon which to act.
McDufie Approached
+. b. McStocker, the foreman of that
grand jury, was the next witness, and
in response to a general question gave
full version of the incidents previous
to the date of indictment.
"'The matter was presented to the
grand jury by myself upon the request
of Mr.. McDuflie. | had heard that
McDuflie had been approached to re-
duce the charge and | also heard that
Mr.. Milverton had been approached
for the same reason. In fact, l re-
ceived an anonymous letter, but l paid
no attention to it and turned it over
to the succeeding grand jury to do with
it what they wished. There was a lot
of discussion as to whether Milverton
should be permitted to be the final
Judge in the case and we had no facts
before us. We asked McDuffie to 90
to the Encouragement for us"
At this point he was stopped as
bringing in matters prohibitive under
the ruling of the court,
No Such Remarks
81 am satisfied that no such remarks
were made" he added, referring tC
the statements accredited to the granC
Jury by Cathcart Gas far as l an
concerned / positively would make NJ
such statement"
Lester Petrie followed McStocker
and George c. Potter followed Petrie
Potter "heard prejudice expressed
against the city attorney s department
and that the case had not been proper
ly conducted" and he considered i
worthy of investigation.
''We did not know what charge
ought to be placed against Lane, - add
! ed Potter. Personally thought w,
ought to investigate the case. -
Fred A. Potter, who testified next
stated that "the only expression ] hat
heard was one of sympathy for Lanc
from the juror who sat next to me anC
. who thought that he was a pretty de
cent sort of a fellow"
! He was the last witness, Judge Coop
er remarking at the conclusion of hi
testimony that he thought the inves
tigation had ended, thanked the forme
grand jurors for their attendance ant
dismissed them.
! He Loses Again.
Judge Cooper, in the circuit court
Yesterday. granted the motion of Clau.
dius Mcbride, attorney for Cheong
Wong, for directed verdict. Cathcart
had the man indicted by the grand jury
for criminal assault after he had been
charged by the police with lascivious
conduct, but utterly failed to establish
the higher charge in court, the defend
ent going free altogether. He was,
however. arrested again in the after
noon and recharged with the original
Offense