The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-05-12
lee YUAN ENAI
FOUND GUILTY
cuNEsE WHO SOLD BMUooLnD
OPIUM TO BE sBNrBNoHD
TODAY

court OF nuglhki Helnnki importing ana
facilitating the sale OF unstamped
opium. Judge ClcnWns win sentence
him today.
IL looked for a time as II there would
DO chung jury" The twelve men
with whom tho decision rested were
locked up just before 4 p. m. and, after
celebrating till $40 o'clock, sent word
to tho judge that they could not decide
on verdict. ul.
They returned into court and the
foremen informed Judge Clemens that
they had not agreed and there did not
seem to be possibility Of their doing
so. Che foreman stated that some of
the dissentients had stated that their
vote could not be changed under any
circumstances.
The stumbling block was on the
Question of the veracity of witnesses.
Some of the jurymen believed the state.
ments of the men who said they saw
Lee Yuan Kwai on River street on the
night the opium was alleged to have
changed hands there while others felt
1t was difficult to distinguish anyone
al that hour of the night.
Jury Is Sent Back.
Judge Clemens stated that it did not
seen to him that that ought to give the
Jurymep any great difficulty. If they
had enc or more credible witnesses who
testified that they did see the man in
question at a certain place on G certain
night they could take that into consid-
Grafton even though some could not dis
tInguish him.
Counsel fer the defense made an ex-
ception to this statement, which was
duly noted
The Jury was sent back for further
deliberation after tie judge had given
them eurthe- IN, truetiOns as to the
proper method OF co. duct in arriving
ut a verdict Later the verdict of
guilty WAS returned.
Assistant U = District Attorney w,
4. R1wlins conducted the prosecution
while lice Yu,n kwai was defended by
humphreys, Cokv &c Burchard.
Accused ON the Stand.
| While on the witness stand, giving
evidence in his own behalf, Lee Yuan
Kwai stated that he had never seen
tin of opium until he was shown one
in court. Several tins were on the
table in front of Chief Clerk Gus
Murphy, forming exhibits in the case,
A forensic battle was started when
U. S. District Attorney Rawlins put
the seemingly innocent question:
"Have you ever seen anything like
that before2' and he pointed to the
tins.
Immediately Attorney B1rchard was
on his feet stronuousy objecting to the
question. However, Lee Yuan Kwai
got in his reply first.
~ never saw anything like that be-
fore,' he said
| Judge Clemens was inclined to rule
out the question and answer, he stat
f, ing that a man can not be compelled
| to be a witness against himself in any
matter that has not come up in direct
! examination.
/ Attorney Rawlins argued that as the
accused had chosen to go on the stand
he was entitled to search every inch
of his life from beginning to end,
Here was Chinaman, he said, forty
three years old, who declared he had
never seen tin of opium. "When he
says he does not know what the stuff
is, can prove that he does,'' declared
Rawlins.
The attorneys for the defense vigor-
ously pressed their views that the ques-
/ tion should not be allowed, but finally
it went through.
Previously Food Commissioner r. b.
Blanchard testified that the contents of
the tins were opium. Other witnesses
gave evidence as to seeing the defend
ant on the steamer Mauna Kea in the
morning and of his being on River
street at 1880 on the night Of October
"a, when the opium is said to have
been delivered. All Chew, who works
on the steamer and who is alleged to
have been sold some of the opium, tes
titled earlier in the trial as to receiv-
ing it.
Denies Transaction.
Defendant stated that he had no
business transactions with All Chew on
. the day in question and did not deliver
to him twenty tins of opium. He swore
that he did not meet All Pang, tire
, alleged gobetween, on River street
that night. He was at home, he de-
elared.
"Have you ever been convicted Of
any criminal Offense in this Terri
toryi" asked Attorney Rawlins.
There was a long pause, then Lee
Yuan Kwai replied, ono"
"You were never sentenced and
. fined for any offencel' pursued the at
, toTney.
Again the reply was in the negative.
. Rawlins repeated his question as to de-
, PENDANT having been formerly CON
, victed and then the accused reluc
: family admitted the fact, saying 'may
! be twenty years ago of assault and
{ battery
''Why did you not say you had been
n eonvietedqh asked Rawlins.
o ooh, it was twenty years age" re-
\ piled Lee Yuan KWai. He stated far
j. Their that he had not been around the
Q steamer Mama Kea on October "a.
]. He said he had never had any tro1ble
Z with the witnesses who had testified
J. otherwise and there was no reason why
they should so into court aud lie about