The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-12-02

several weeks ago, found guilty and
sentenced to dismissal.
Captain Kalde was court martialed
for alleged misrepresentation of com
pany funds. He was brought to San
Francisco from the Philippines under
guard.
face, by the twtching of his muscles
that he was suffering"
"What was his physical condition."
asked Smith.
He was very thin,'' replied Der.
| gau 'He seemed like a dope fend,
and was very nervous and very weak.
He was carrying japanese basket
about two feet by four feet Indicating
size). | think that Bellett used nm
necessary force on the Korean, but that
was not unusual.
Peters strongly objected to witness
answering along this line, and Chair
man Wirtz sustained the objection.
Hit Man While Down
| "When we reached the house the Ko.
rean placed the basket on the ground
and was leaning on his launches lean.
ing over it when he punched him,
knocking him over. Kellett struck the
Korean frequently with his billy, which
he always carries with him.
"What force was used3' asked
Smith.
81 have handled these billies; have
weighed them, and | know it requires
only "A slight force to hurt. Had Kel
lett pulled back and struck the Korean
a swinging blow, / think he would have
killed him.
"Did you discuss this force with any.
one2' continued Smith.
"Ycs,' replied Bergau.
1 Peters, alert always, was quick to
object to this question, expressing in
dignant surprise that Smith should
ask it.
Counsel is probably destined to be
further surprised before we finish this
case, y replied Smith.
Peters objection was overruled by
the commission, Bergau finishing the
4 question by, stating that on the way
back to Honolulu he had told Woo that
! he believed the assault ON the Korean
! by Kellett was too brutal, especially
where the officer had struck the pris.
oner while the latter was down.
Further questioning brought out the
fact that Bergau was met at the dock
upon his arrival from Maui before day.
light Thursday morning by Japanese
informer, named "I-Think- So" EN-
ployed by Kellett, and asked as ia
what he was going to testify to. Der.
gan refused absolutely to have any con
versation with the informer or any OF
the other pickets sent to the wharf to
shadow him upon his arrival here, he
said.
Chairman Wirtz at this point tool,
the witness in hand.
"What do you consider unnecessary
force and brutalityi' asked Chairman
Writ.
"When man strikes prisoner
down with a billy" replied Bergau
"McDufiie was not quick to lose his
temper, but Kellett was quick to los,
his TEMPER said the witness in reply
: to other questions by Chairman Writ
1t was brought out by Wirtz that
Bergau had been deputy sheriff four
teen years ago and had much experienc,
in handling prisoners.
Quit Because of Cruelty.
Gone of the reasons I quit the de
partment year ago was because Of
the brutality witnessed during tn,
: three years j was on the force, - sale
: Bergau. 81 wanted to quit long before
|, told the sheriff so, and gave up my posi-
ton at the first opportunity.
! Bergau was on the stand until three
: fifteen clock yesterday afternoon. A
= that time Manuel Olson, former mem
Der of the detective department, wa
, called in relation to the embeZzlemen
charges against Kellett.
= Olson will be remembered as the for
mer officer who made sensational afiida
g Wits charging. McDuffie and Kellett wit
a dishonesty and citing instances of al
legged wroagdoing, especially of Kellett
Afterwards Olson recalled his affidavit
and Joined forces again with the dc
A Tense, but yesteriay-he was called as
. witness against Kellett.
q Olson Goes on stand.
Olson, grasping at his throat ms !
ia prepare himself for the gibbet, hi
g eyes downcast, his dissipation-marke
= features betraying "A trace of shame
/. took the stand and at once showed hin
!. self opposed to the prosecution. Do
4 spite this Smith brought out from hin
4 the fact that he was with Kellett in
v raid ON Japanese gambling game !
2. Moiliili about year ago, when $40. >
n IN evidence money was taken, Til
money, Olson has said, was ndyer turne
d in. on tho stand yesterday Olson a,
Il mitied telling OF this raid aud of ha,
v ing afterwards borrowed five dollar
il from Kellett, looking upon il rs q Il
/, vision Of the evidence money.
. Olson yesterday admitted this, bu
" said that IN making the statement Il
was boo hoo az Kellett, aud mnintaine
h that The Ave dollars be- borrowed VA
20 Loan Ia every sense of the word an
y that ho repaid u 10 kellnIi,
n Olson Was riill under direct nNnmiul
"A ton ~ -four O'Clock, when ndiouinmri
q sas taken until eightthiHy o 'eloe
IL ! Monday morning,