Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-01-20

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court.
McQuaid next detailed his wander.
ings. He said that he came to his
full consciousness while sitting on {
lumber pile near the car barns ant
then went to the Elks club.
What did you do next" asked
Cathcart.
Il went home and talked with my
wife, said McQuaid.
Talked with her about your trou-
bles," asked Cathcart.
yes, pleaded with her to give ul
Driver" said McQuaid.
WAS your home life happy until
Driver entered your home" was the
question of the City. and County At
torney.
MY wife had been good" asserted
McQuaid with emphasis. There was
nothing except family jars. We had
some trouble in 1905 but it turned
out all right. l was in the wrong"
Did your wife not tell you that sho
intended to secure divorce" was the
question put to McQuaid.
Wife at Hospital.
"She said that she employed Frank
Thompson in the latter part of Octo-
Der or the first of November" said
McQuaid. Eyes, l was against d.
vorce," added McQuaid.
Does your effection for your wife
continue up to the present time, des-
pite her faults" asked Cathcart.
McQuaid, seemed to be trying to
answer the question. He started 10
several times and finally said:
while l was at the hospital my
wife came to see me. She said she
saw something in newspaper about
compromise. She said see you arc
going to compromise and then added
there is one trouble about comprom-
Use, I will never give up Driver
That settles it then | said for the rest
of my life
McQuaid was weeping at this point
in his testimony. He then stated that
his wife has told him that he had
blackened her character and he said
he was sorry if he had done so. He
then stated that his wife advised him
to plead guilty and "throw yourself
upon the mercy of the jury"
Shouts An Answer.
Il realize what all this means to
my children" said McQuaid almost
shouting, and nearly leaving the wit
ness chair in his agitation. l realize
it as well as any mortal being"
Cathcarts question had not been
answered. however.
81 will ask you again. said the City
and County Attorney whether your
affection for your wife continues up
to the present time
There was absolute silence in the
courtroom for about two minutes, all
eyes being fixed upon McQuaid who
was leaning against the rail of the
witness box, his head supported by
his right hand.
Finally Attorney Douthitt for the
defense broke the silence"
"Why continue with these narrowing |
details, said Douthitt,' addressing
Judge Cooper. "They prove nothing.
1t is more than this man can bear.
1t is not material to the case, what |
opinion McQuaid may half of his wife
now the jury is concerned only in the
ovoptc opd oiro,,p, opooc +bo+ prn-
coded the shooting on November 4th."
81 have a right to ask the witness
that question:" said Cathcart. 1t is
an unpleasant task for me. I would
gladly give it up but it is my duty
and I have no desire to harrass the
defendant. The defense has endeav-
bred to show that McQuaids home life
was happy before Driver appeared.
Surely l have the right to prove 9th
erwise, that McQuaid had accused his
wife of infidelity and misconduct long
before Driver was known to them"
Cathcart stated that the defense was
apparently based upon an idea of tenn
porary insanity, the reason given for
the mental irresponsibility of McQuaid
being the entrance of Driver into his
home and the destroying of his happi-
ness. This, Cathcart argued, was suf-
fcient ground to enable him to go
into the relations between McQuaid
and his wife in the utmost detail.
Judge Cooper did not take that view
Of the question however and sustained
Douthitts objection.
Cathcart's next question was as fol-
ows:
did your affection for your wife
all dead when she told you at the
hospital that she would not give up
Driver
This question was also objected tol
by Douthitt and sustained by the
court.
Cathcart declared again that the
of the defense was that
he defendant and his wife had lived
n contentment and happiness until {
Driver had entered their home like
! serpent and that this blasting of
1cQuaid's happiness produced the de-
cree of mental responsibility that
would excuse his deed when he at |
empted to slay Driver at Fort and /