Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-11-25
CONSPIRACY
AGAIN ENTERS
KELLETT CASE

hearing of the charges against former
Detective John r. Kellett before the
civil service commission, was heard
again this morning soon after the
hearing was resumed with Kong Eung
Do, the Korean prisoner on the stand
TO finish his testimony.
From $50 until noon the commits
sion was in session, the greater part
Of the time with the Korean occupying
the witness chair, but the verbal en-
counter between E. c. Peters, the at
torney for Kellett, and Deputy Attor-
ney-general Smith, representing the
sheriff in the hearing, which occurred
at the suggestion Of conspiracy from
Peters, was about the only incident to
break the monotony Of the morning
session.
But with Detective John Woo on the
stand this afternoon to corroborate
the testimony. of his countryman,
Kong, promise to give that the ses-
sion viii not lack interest Woo took
the stand a few minutes before IL
o'clock. and on direct examination he
corroborated what Kong had said con-
corning the beatings Kong alleges he
received from Kellett with remark
able exactitude. notwithstanding that
some Of the events testified to occur
red as far back as four years.
Kong, the last Of the four men who
have charged Kellett with brutality,
has finished his testimony On cross
examination this morning he expert
enced q difficult time So many times
was 1t made to appear that his state
ments made on direct examination
were at radical variance with those
made during cross-examination that
Peters rose once during the hearing
and declared that the witness was
not testifying truthfully.
The only witness to corroborate
Kong is the detective, Woo, who is
credited with working up the brutality
charges against Kellett; and who act
ed az the Interpreters when Kong was
brought before Smith to give an &C.
count Of the alleged beatings.
II was while Kong was on the wit
ness stand, and when it was brought
out that Woo had acted as interpre-
ter, that the encounter between Pc
tiers and Smith took place. Intima-
tons Of a conspiracy, an arrangement
between witnesses to make their tes-
timony agree in essential parts, were
made before Peters closed his part of
the argument
Kong Takes Stand.
Not long after Kong Eung Do took
the stand, the argument between
Peters and Smith began, with the
word conspiracy as the pivotal point
II was lead up to with these ques.
tions put to the Korean by Peters:
@. How is It that on direct exam.
nation you tell one story and on
cross-examinatfon you tell another?'
A. / say the same both times.
@. Are you going to tell the same
story as Mr.. Woo?
Smith objected to this question.
which marked the opening of their
encounter, an encounter that finally
ended when the commission over.
ruled the objection.
"You are not trying to prove con-
spiracy now, are your" asked Chair.
man Wirtz of Peters.
There is this about it," replied the
lawyer, rising to answer the commits
sion and defend his question. THE
commission wants to bear in mind
that conspiracy cannot be proved by
overt acts. But If you find that two
witnesses have been constantly talk.
ing together, or IL you find that one
witness is talking with the interpre,
ter of another, 1t is material for the
commission to know-not to prove
conspiracy, but to show that they are
getting together to fix up their ties,
timony. Now the testimony of this
witness is that on eight occasions he
has been beaten. When he tells his
| story on direct examination 1t differs
| radically from the story he now tells
on cross-examination. In other words
it shifts about so that the two differ.
ent stories he tells cannot be recon
ciled. Now Detective Woo is the man
he has talked to. AS far as this man
Woo is concerned, his position is OBJ,
yious-he is the principal witness in
the Robinson case, in the Joseph case
and now he is the sole corroborating
| witness!
/ After the Facts.
I'VE are anxious to get at the facts;
and we are perfectly frank to say
that the facts as testified by this man
are not correct. 1t is a remarkable
| state of affairs if by any possibility
what this man says is true-remark-
| able in the face of the statement