Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-09-28

!. THOMPSON, ASSISTANT TO,
TNESS CALLED FOR DEFENSE
ON BENCH IS NECESSlTATED.
tt++++44+4+++++++
nee for the consideration OF the jury :
'rpotal injury to another without au- :
e main contention --that there is no =
en- at the complaining witness and. !
court will not and cannot pass upon =
sing on this motion. II there Is any =
be case must go to the jury.
ce, more than q scintilla.
rdict is therefore denied. -P Portions :
Judge William L. Whitney IN denying y
ell for a directed verdict.
marks regarding the district attorney
and the young girl in the Sylvester
case
Mr.. Liehtfoct Proceeded.
I'VE shall show you that time after
time McCarn asked the court to pro-
tect him against the blackguardly In
suits and insinuations OF Mcbride;
but that Judge Clemons. either from
fear or weak-kneedness, had failed 70
extend to McCarn that protection
which. lawyer receives In this court
or any other court In the territory
except that presided over BY His Hon-
or Judge Glemons.
"We expect to show you the propO-
sition to take the testimony Of one
Doctor Sexton OF Hilo. away rom the
presence OF the jury He had to re-
turn to EIilo that day and the PROPOSE
| ltion was made that he give his testE
mony and that It be read 10 the jury.
Mr.. McCarn, knowing the reputation
I OF Mcbride, was insisting that the
stipulation should be placed In writ
ing, whereupon Mcbride asked TO
have spoken stipulation. McCam
objected, saying that the clients q
Mcbride might 90 back on their
agreement to take DR.. Sections testi-
mony In writing
Notice Of Denial.
I'VE shall deny that anything was
said regarding You may be dead to-
morrow
I'VE will show that court adjourned
that afternoon at about 4:50 o'clock,
and that McCarn hac an engagement
with young man. That as soon as
court rose, Mr.. Mccain, remembering
his engagement. walked briskly TO his
office. That Mr.. McCarn. upon going
into his office, and for reasons upon
which Mr.. Mccarn expects to rely,
took his gun, which was then In his
desk. and put II in HIS pocket
We will show that Mr. McCarn
then went out into the hallway and
walked down the hall. speaking to
several ladies' and looking for the
young man with whom he had the
engagement He was not rushing
down the hail. but walked slowly and
looking from side to side for the
young man. -
we will show you that when Mr..
McCarn got down the hallway he saw
Mcbride coming with friends, Bert
Bower and others, and that Mcbride
was then half way between the foot
Of the stairs leading to the third floor
and the head Of the stairs leading to
the street
THAT, upon seeing Mcbride, Mr..
McCarn said something to this effect.
Mcbride, you have insuIted me for
two days. / have appealed to the
court and have gotten no protection,
SO l want to say now that hereafter
l hold you responsible for the insults
you offer to me-
I'VE expect TO show you that Mr..
McCarn had q perfect right to adj
dress Mcbride in that way and de-
mand that he cease the vilIainous re-
marks which he had been making
I'VE viii show you by reputable
witnesses that Mcbride replied ! am
responsible for anything say inside
of court or outside. you -------
cripple
I'VE viii show you that Mr. McCarn
replied, You are a cowardly brute.
We viii show you that Mcbride then
reached over and put his hat and
satchel on chair and then stood fac
ing Mr.. McCarn with MS right hand ID
his hip pocket. We win show you
that at that time Mr.. McCarn was
standing with his hands at his side.
and that at no time did he put his
hands to his pockets
I'VE win show you that Mcbride.
having his right hand n his hip pock.
ct. then said. I want to repeat now
everything have said about you n.
side and outside Of court of words to
that effect. That Mr. Mccarn replied
IN forcsf1I lnnguase. And every me
scoptinpsd q pass .hrss)