The Hawaiian gazette., 1913-11-21
Detective, Testifying Against sus-
pended Officer Charged with
Cruelty and EmbeEzlement, Re-
mains Firm in His story Despite
Alleged Third Degree Tactics
Attempted by Defense.
lFrom wedneslay Adverti.er.l

mcnt and brutality against former De
ttctiVe Sergeant John X. Kellett yes
trrday. which were the basis of his dis
charge on Monday by Sheriff Jarrett,
the civil service commission has ac
quired Il considerable amount of infor
nation regarding the police department
and expects to secure more before the
hearing on the many charges against
kellett are completed, and which will
probably take the balance of the week.
The testimony as adduced yesterday
in two alleged assault cases on prison
ers, two colored youths, by Kellett, was
straightforward by all the witnesses.
The victims of these assaults could not
be shaken in their testimony by the at.
torney for Kellett. VINO attempted to ac-
centuate the bad character of the main
witnesses, both of whom had been in
Jail a number of times. 1t is not be.
lieved, however, that the commission
will hold that this fact excuses the as
saults. Both witnesses were corrobo
rated by Detective Woo.
One of the features of the hearing
is the length which Attorney +. G. Pc
tiers, for the Defense is allowed to go.
At one time yesterday afternoon he ac
tually asked Detective Woo who was a
witness:
"You feel pretty safe in the protec-
tion Of the attorney general S office,
don't youf"
Objection Is Sustained.
Deputy Attorney General Smith, who
is conducting the prosecution, reused up
at this and objected, asserting his of
flee would protect no one who deserved
punishment. There was some discus
sion, during which Mr.. Peters became
sarcastic at the expense of the witness,
and then stated that he had the most
"ahsolute confidence" in the integrity
of Mr.. Smith personally.
Chairman Writ, of the commission,
ruled the question out of court.
Comments after the hearing were to
the effect that, this incident was most
remarkable one to take place before
any tribunal.
During the hearing it developed in a
number of instances that Attorney Pc
tiers had enjoyed the privilege of con
ducting cross examination of many of
the witnesses for the prosecution before
they appeared on the stand before the
commission.
Private Examination.
Several times he abused the wit
nesses, it is charged, regular detectives
of the police force working under the
orders of the attorney generals office,
because they refused to answer all his
questions, come to his private office or
tell him all he wanted to know.
As it was, with the PERMISSION of
Deputy Attorney General Smith, sew
eral of the witnesses are stated to have
had private interviews with Mr.. Pc
tiers, who thus knows all the testimony
they are to give before the commission
in advance.
No legal right to do this has ever
been considered before, and it is as.
serted that such a precedent has never
been established in any English speak
ing country in the world, also that it
seems to be a new sort of procedure I'M
der the circumstances.
Time and again witnesses were asked
to testify on hearsay evidence, about
what someone else said or what they
thought, without objection from the
prosecuting attorney. In fact, the de
Tense was given every leeway with the
witnesses for the prosecution. Yet in
spite of this the main points Of the tes-
timony given could not be shaken.
Saw Kellett Choke Prisoner.
Becausa Detectiye Iyoo insi,.1 -
the stand nj tbo cIoSa OF M ~; vi
that be saw KelIett cboko n.;sns,
in the doorwav of tbo noI;oa P a.oti',
leading To the detective,s of,ioo n,b;In
he was standing NJ Tho boaI VII" az
stairs, Peters declared M ona could sno
from there and had the beorinn oJ
iourned until haIf.past eigbt 1jcloci,
this morning in the senate Chamber 70
enable the commission to inspect the
stairs and scene.
AZ lhe ponce staton Woo showed
Lust "heIe ne STOOD, ana It was then
seen mat WINE part OF the doorway
was opssuerd ny an angle of the wall,
P"In u .ne opening was visible.
w;tn"sq In' th;l ., .ns credsoiIity OF the
Ia, aI,oi =" LIZ asserllon OF seeing hei'
49, '" ~ Pr.soher uepcnds upon
a. om '"i "."'n Ine DOORWAY Nelleti
sau linn o on H. n' aih ,nnl woo SAID he
se"red hn, ,ha hai, ma," whien Is Oh
cemen; iiha ,ho siin,""It ~ pntea WIN
sibIe that Woo migbt he ,n n"t y ~ pos