The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-12-05
'OAY TAKEN UP
WITH ARGUMENTS
Court In Mcmahon Case Has Two
Matters Under COnsldera.
ton Until Monday.
IFrom satnrdays Advertlaer.l

(From Saturdays Advortisbr.)
III these kinds Of rules are to DO en-
forced, then prosecutions Of crimes on
military reservations must cease, - were
the words Of District Attorney Brock.
ons yesterday afternoon in addressing
Judge Clemens in federal court in the
Mcmahon case, the outburst being
called forth in an argument as to the
admissibility Of a blue print map Of the
reservation at Leilehua.
Practically the whole time Of the
court was taken up yesterday by Judge
Clemens in deciding points of law, and
tho attorneys in submitting more OF
less spirited arguments, but one wit.
ness, Deputy Sheriff Oscar Cox, being
put on the stand and his full testimony
taken.
Further along in the afternoon on
the same subject, the map, BreckOns
gave vent to another outburst, he hold
ing that the map was an original rec
ord and saying if it could not be ad-
mitted by the court, "then let Grim
inal prosecution cease" Andrews was
on his feet in an instant, and asked
that this statement of the district at
torney be taken down and made part
of the record, as it was prejudicial K
his client on whose behalf he objected
to 1t,
4 During the Morning.
When court adjourned Wednesday
morning, after the cross. examination OF
Mrs. Cederlof, the court had under ad
visement the matter of admitting al
testimony the letter of McMahon, which
was found the morning after his trouble
at the Cederlof home, telling, in a gen
eral way, and in the past tense, that he
was sorry for what he had done, etc.
giving the impression that he was to
have killed someone and committed
suicide before the note would be found
The admission of this note, which said
nothing about Cederlof, was objected Ia
most strenuouosly by counsel for the
defense.
When court adjourned the judge had
the matter under advisement and was
expected to give a decision when court
convened yesterday morning, forty.
eight hours later. No decision was
given, however, and after studying the
matter until 10:40 Judge Clemens said
- find a great deal Of difficulty in
solving this question. Your contention
Mr.. Breckons, is that McMahon's feel
ing of superiority of the white race
would constitute a motive, is it7D ia
which the district attorney replied in
the Affirmative.
Andrews argued that there was nc
date on the note, and nothing in 1t con
nected Mcmahon with Cederlof, hi.
frame of mind as to extraneous condi
tions and persons having nothing to de-
with the crime with which he wa.
charged. If it said anything in the
note about Cederlof and made threats
against him, it would not be objected
to.
At 1885 Attorney Andrews stated 70
the court that if the question was to be
argued at length the jury might be ex,
cused. This was done, and both prose
cution and defense argued until 11:4G
with Judge Clemens, suggesting analo,
gous conditions. At that hour the jury
was recalled and excused until two in
the afternoon.
More Discussion Still.
With the converting for the after
noon session, the court had not reached
any decision in the matter, and so il
went over until a later time.
Told Of Talk.
Deputy Sheriff Oscar Cox of Waialua
was called to the stand first in the af
ternoon and told of a conversation will
McMahon while he was being taker
from the guardhOuse to his quarters Il
change from his uniform to civilian
clothes.
Cox testified that ON that walk, wher
McMahon was handcuffed to MeDuffie
he said, 81 must have been crazy wheI
| did that. No telling what booze will
do On cross-examination Andrew
tried to shake the testimony of the wit
ness, asking if what he quoted McMa
hon as saying now was the same as hi
had said in the preliminary hearing be
fore the commissioner.
He maintained that it was practical
ly the same, although he was not sur
of the words he had used on the forme
occasion. He admitted that he was
relation by marriage of the Cederlo
family, but he said that he had neye
seen Cederlof more than three or fou
tAuiob III NIB AlAes
/ Important Map.
II was with the recalling of Lieuten
I ant Barnard, and his bringing of ma
j Of the reservation at Leilehua that th
/ real trouble of the day started, an
! long and vigorously did counsel argue
Breekons getting peeved on one or tw
/. occasions and giving vent 10 one Out
! burst which Andrews objected 10 q
! prejudicjal to his client and asked tina
) IL be made a part Of the record.
! Barnard on the stand testified tina
the map which he had, blueprint, wa
+ the Official map Of the reservation am
) vas kept In the Office Of the command
i Ing oiiicer AZ Seh0deld Offered Ia eyl
3 denee II was objected 10 By Andrew
& on tho ground that there was Rofhin
! 10 show that this WAS the real map o
= tina Faa0FUutiuu n sgaa moi an ariaIun