The Hawaiian gazette., 1912-08-16
AFfIDAVITS GALORE
IN MURDER CASE
Chinese Held for Death of Infant
Ask BaiI-City Wants
More Time.
(From Thursday 8 Adyertiser.l

davits were filed yesterday in the
cases of the Territory against Chun
Kim SUIT and ohun Wong Chez, the
Chinaman and his wife who were re-
Gently indicted by the grand jury for
the murder of their infant daughter.
The question of letting the defend.
ants out on bail was brought before
Judge Whitney yesterday afternoon at
two o clock. The defendants and their
attorneys, Lorrin Andrews and G. F.
Peterson, were present and ready to
fight the matter to finish, but the
city and county attorney S office asked
for further time to allow them to pre-.
pare and file further counter fidavits.
This was granted and the matter will
come up this afternoon for hearing.
The affidavits on which the defend
ants base their contention that there
is not strong presumption of their
guilt are many, One is that of Dr.
James r. Judd, accompanied by three
photographs of the home of Chun Kim
Sut and its immediate vicinity. He
states in the affidavit that he examined
the body of the child, but was not
allowed to examine the skull cap which
had been removed by DR.. Sinclair.
DR.. Judd says that he had been in
formed that DR.. Sinclair had found
fracture of the skull above the right
ear and extending around back of the
head. In DIR. Judd s opinion, the aft
davit states, this fracture could have
been caused by the child IS falling and
striking its head against solid fiat
stone or other solid substance, and
that the child could have survived such
an injury two or three days. The aft
davit says that he visited the home of
Chun Kim Sut and noted the physical
features of the premises, particularly
the cement sidewalk in front and a
plank walk leading from the sidewalk
TO the yard, the height of the plank
from the ground being twenty-six
inches DIR. Judd states that such an
injury to the child could have occurred
by its falling and striking its head
upon the stones below the plank.
An affidavit of Elijah Mackenzie
states that he has known Chun Kim
SUIT for five or six years and has known
his wife for two or three years, and
that he has often visited their home
and found them to be affectionate par
ents. ''"F
Another affidavit is that of Oliver c.
| Swain of Levers & Cooke, who states
/ that he is well acquainted with both
the husband and the wife, and has fire.
quently called at their home. He states
that he has always found them to be
normally affectionate toward their
children, and he vouches for the char
acter of Chun Kim Sut.
Other affidavits are made by a num-
Der of Chinese merchants, stating in
effect that the defendants are respec.
table people and affectionate parents.
These affidavits also state the estimat-
ed wealth of the ones making them
and state that each would be willing
to sign bonds anywhere from five to
ten thousand dollars apiece for the de-
PENDANT s bail.
Counter afidavits were filed by the
prosecution One is signed by A. E.
Murphy of the United States circuit
court, who states that one of the
Chinese making an affidavit as to the
character of the accused was convicted
August of smuggling opium and SEN
fenced to pay fine of a thousand dol
lars. julius Asch AYERS that the de-
PENDANTS are well cared for and are al
lowed to be furnished food from their
own home, and that they are both in
good health, no far as he is able to
Judge.
Settle Rake-of.
This afternoon further counter
affdavits will be submitted by the
prosecution and the question of the
advisability of allowing the defend.
ants to be liberated on bonds will be
argued before Judge Whitney. The
law provides that even in charge of
murder in the first degree the judge
may fix bail, if he believes the pre-
sumption of guilt is not great.
The matter of the "rakeo off" the
crew of the tug Intrepid should be en-
titled to in the award allowed for salv'
ing the Loeb CARVE was heard by
Judge Dole yesterday. Two of the
crew were called as witnesses to test.
fly regarding the part they and other
members of the crew played in the
saving of the Loeb CARVE. AT the
conclusion of the testimony Judge Dole
asked for further fling of authori
ties. w. II. Rawlins represents the
claimants and Judge Stanley OF
Holmes, Stanley & Olson, appears fol
]. d. Spreckels & Bros.
This claim is an outcrOpping from
, the award made to J. ID. Spreckels &
Bros. and the Inter-Island Steam Navi
CATION Co. against the ship Loeb Gar
vie. The original cases were amalgam
: ated and taken to the circuit court OF
the ninth circuit, where the two steam
ship companies were given an award
for saving the Loeb CARVE, with the
understanding that the individual
> members of the crews of the Inter
| Island company and the Spreckels com
, pany would be given share. Th'
Inter-Island settled with their people
amicably, but the Spreekels people
have refused to "divvy" with the
crew of the Intrepid. Hence James d
Delaney and Others, forming the crew
of the tug at the time of the salvinl
of the Loeb Garvie, have appealed Il
the circuit court for a division of thu
spoils.
, Careless Petition.
, A shining example of the careless
, ness of some attorneys in making on
legal documents is TO be found in thu
, petition for divorce filed in the eircuit