The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-01-24

'COURTESIES"
IN POLICE COURT

me ponce court yesterday was en-
Iivened by what Judge w. B. Lymer
as exchange of cour-
tesies" between Attorneys Frank
Andrade and Claudius Mcbride.
When the case was called Mcbride
that some of his witnesses
had been excused by the Court and ,
that he would call those in attendance
first and then if necessary request
the appearance of the others. Be-
fore calling Jungclaus, of the Palm
Cafe, from which place Richard is
charged with having stolen milk, Nc
Bride said that if the prosecution
would admit that the milk received
by the Palm Cafe was not measured
on the morning of January 3rd, when
Richard is alleged to have stolen
some, he would refrain from calling
Jungclaus, but Andrade would not
admit that.
Judge Lymer said he understood
Jungclaus to have stated on the wit
ness stand that he did not know
whether the milk had actually been
measured that morning, with which
Mcbride agreed.
Meanwhile Andrede was convers.
ing with Junbclaus, upon noticing
which Mcbride raised an objection to
the prosecuting attorney coaching"
the witness.
This charge brought Andrede to
his feet with an emphatic D otest.
81 am not coaching the witness" he
retorted hotly. ct is more likely that
you would resort to that sort OF thing,
was asking"
But here Mcbride interrupted 81
woulI not do it so openly" he de-
clared.
Andrade, still on his feet, 81 think
you should withdraw THAI s'Sleuent
You are CALI ing through your hat
At this stage Judge Tymer took a
hand and remarked TINT the Court
would rule that counsel refrain from
such Exchanges of coWtesieS.'
Andrade explained tnat he was
simply asking Jungclaus whether the
milk was actually measured that
morning, which question his learned
friend characterized as coaching.
McBride-"It looked very much
like it, seeing that he has already
said he did not know"
Judge Lymer-"The court would
like to protect itself against this sort
Of thing"
AS Jungclaus took the stand, Judge
Iymer asked Andrade what testimony
he was to give.
Andrade explained that Mcbride
was putting Jungclaus on the stand
to find out if there was an actual
shortage on the morning of the alleg-
ed theft. AS he (Andrade) under
stood it a Japanese boy, who was
then employed by the Palm Cafe, had
reported that there was shortage
and that the milk was adulterated.
McBride-"I would rather have that
affirmed on oath"
Andrade-"On what?'
McBlide-"On oath"
Jungclaus stated that a japanese
how. whose name he did not know
but whom he referred to as the
floor wash boy" reported on the
night of the third of January that thu
milk was short that morning. Wit
ress did not know where to find thu
Japanese. who left his employ on tn,
18th inst, but thought he could b.
= found 1t afterwards developed tina
I the Japanese was named lwani, an
] Mcbride stated that he would insis
\ on having every employe of the Pair
\ Cafe examined in an effort to trac
\ this witness.
\ Andrade-"You are on a fishin
\ excursion"
] Mcbride agreed that he was, bu
= claimed it as his right, since the pro
; secution had not called the Japanese
y Andrade suggested that if the res
\ of the employees of the Palm Cal
( we're to be called those who hal a
\ ready been examined should be pc
" mitted to return to the Palm Cal
n and relieve the other employee
: otherwise the place would have to /
:, closed.
Mcbride remarked that he did NJ
feel disposed to consent to anythin
2 of the kind.
Andrade protested against counsel
refusal to accede to his reasonab
request and suggested that the cou
force counsel to agree. "The court
he exclaimed, Should not be guide
Z by the wild statements made
counsel"
McBride-"Counsel is not makir
any wild statements but is exercisir
3 for the defendant constitution
right. Some witnesses have been SUI
, poenaed and his honor excused the
:, and | insist on their being examined
" Andrade-"You are on the const
tition again; thought you were no
concerned with bylaws"
Judge Lymer remarked that he d