Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-10-21
DEFENDANT AS
Chief COUNSEL
INMCARN trial
District Attorney, In Own Be-
half, Cross-ExamineS Pro-
Secution's Witnesses u.
TONY OGEN AND SIDNEY
SMITH CALLED TO STAND
Many Testify Regarding Affair
In Corridor of Federal
Court Building

jeff McCarn, who has been acting
as one Of his own counsel since the
commencement of his trial in the cir
cult court on an assault charge, this
morning assumed the duties of chief
Of counsel, owing to the absence OF
Attorney Lightfoot, who has acted in
that capacity.
This was the most active part that
the district attorney has taken in his
case since the beginning of the trials
His crcss-examination of the witnesses
called today by the. prosecution was
sharp and severe. Mr.. McCarn laid
all minor details aside, questioning
only along those lines which are the
most closely affiliated with the issue
in the case. 49,
ued at 8 o'clock, several witnesses
having been called to give their YER
sions of the affair.
peanuts" Ogen Testifies.
Peanuts" Tony 0gen was the first
witness called to the stand by the
prosecution He was one of sew
|eral who attended the Sylvester trial
il the federal court on the afternoon
Icf May 5, when the McCarn-McBride
affair occurred. @@.
ogen said he left the courtroom
with the crowd, went down to the
second floor, Mr. McCarn preceding
him. When he saw Mr.. McCarn again
the district attorney was coming from
his office, he said
Mr. McCarn called out, Mcbride,
Mcbride" said 0gen, and then said
I can't stand your insults any more
Mcbride said I'm responsible for what
/ say inside or out of court I heard
McCarn say You're a lying =. =
- McCarn had both hands up for
fighting. Mcbride put his basket and
hat on chair. Then McCarn said,
You boob; you won't fight and then
Mcbride hit him. When he got hit
saw McCarn's hand go back to his
right hip pocket Then Mcbride grab
bed hold of McCarn and tripped him.
They went to the floor together, and
some one cried out, Look out, Mac,
he's got a gun Then some one said
Get the gun, get the gun y 49,
0gen said he saw Henry Hussman
run in and get gun. Mr. McCarn,
he saids was the one from whom
Hussman5 took the gun.
When Hussman got the gun, Nc
Bride got up and beat il" said Ogen.
He added that Hussman later showed
him the gym Then, said the witness,
he and Hussman ran after Mcbride
to the police station ogen testified
that the hammer had come down on
the fieshy part of Hussman's hand be-
tween the thumb and forefinger and
was hanging there as the two went to
the police station
Mr.. Mccarn Examines.
Mr.. McCarn at this juncture COM
menced the cross-examination for the
defense. He questioned Ogen closely
on the manner in which the witness
alleged the gun was fastened to Huss-,
mans hand. Ogen said he could not
remember which of Hussman's hands
the gun was fastened to. He said he
saw Mcbride running in front of him,
turning the corner at Fort and Hotel
streets. A policeman stopped Huss-
man on Bethel street, said Ogen, and
uoAOua WAlShC llC w 40 5OIllS.s Z $50
The district attorney digressed at
this point, and examined the witness
as to his version of the affair in the
hallway.
Was McBride's fist closed when he
struck me?" asked McCarn
Yes, sir came the answer.
Did he trip me before or after he
hit me?''
s When he hit you he grabbed and
tripped you.' was the answer.
Hussman Had the Gun.
Where did Mcbride hit me?' asked
AIcCarn.
On the eye" answered Ogen.
0gen said that before he was struck
Mr. McCarn stepped back and that
Mcbride stepped forward to strike.
and that when he was struck McCarnI
had his hand in his hip pocket, but
later amended his testimony by stat