Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-05-19
SCl)LLY Brings
HIS WITNESSES
IN OPIUM CASE
Prosecution Has No More Tes-
timony to 0ffer-Detendant
and immunity Deal

The prosecution in the trial of John
T. SCully in federal court today rested
it's case The defense is examining
its first witness this afternoon.
When Scully made a statement" to
the county attorneys office after he
had been promised immunity If he
would give information concerning
Bower. Boggs and McGrath. he refer
red to the affair in McGrath's house
the night of February 3, as an OPIUM
transaction" and to the substance in
the cans in the alleged package as
opium"
This is the testimony which A. NJ.
Brown, deputy city and county attOr-
hey, gave in federal court this morn
ing in the Scully trial when recalled
t. the witness stand by the prosecu-
ton.
During the questioning Of Mr.. Brown
District Attorney Jeff McCarn said
that he believed the alleged statement
was not a confession, but was more
in the nature of an admission. c. H.
Mcbride, counsel for the defense, ask
ed Mr.. Brown whether he increased
his efforts to secure suspension Of
sentence in the case of Scully after he
had promised the latter immunity.
Mr.. Crown answered that he did.
Did you agree to nolle pros. the
other two cases pending against Soul
ly in the territorial court?" asked Nc
Bride.
Mr.. Brown answered that he had
promised to nolle pros. the two rob-
bersk cases in each of which Scully
was a defendant. Asked by the court
for details of the conversation be-
tween Scully and himself in which 1t
is alleged Scully was promised i'm
munity, Mr.. Brown said, in effect, as
follows: ... ...
Il met Scully by appointment. No
tice came to me from Scully that he
desired to see me. met him at
certain place. The conversation took
place between Scully and myself and
MIR. Cathcart, II remember right. The
proposition was made by Scully that
If he could secure leniency. in the case
in which he had been convicted By
suspension of sentence, he would fur
nish our. office with sufficient evil
denee to convict Boggs, McGrath and
Bower" "a ....
Mr.. Brown went on to say that sew
eral conversations were had, several
of them being in the present OF Mrs.
Seully. He said that evidence was
secured regarding certain transac-
ton which took place in January, and
then he brought the case to the at
80. &C., 80 +ba Eora,ad fasru -5, s..-.. 4
The witness added that Scully told
him that the package supposed to have |
contained opium, and which figured In
the affair at McGrath's house the
night of E-Sruary 3, was never at the
Matson wharf, as Scully had testified
in the territorial court, and that 1t
was McGrath's opium" ~
Mcbride argued, in the absence OF I
the jury, that the alleged statement
of Scully to Mr.. Brown was not a vol.
untary one as it was made after the
offer of immunity. 1t included a con-
fession of perjury, he added, induced
by the promise of immunity. Mr..
Brown testified that, during the al,
legged conversations, Scully has vol
unteered evidence on the strongest
case against Bower, Boggs and Nc
Grath. !
Mr.. Brown further testified that
Scully told him that he and McGrath
had made a deal; that he, Scully, had
taken the Chinese out to McGrath's
house, where the opium was" Scully
did not say that he had transported
any opium or had it in his possession,
said the witness.
Judge Clemens ruled that the testi-
mony of Mr.. Brown be allowed to re-
main. The defense intimated that it
we0ld call j. w. Cathcart, city and
county attorney, and ScuIly to testify
on the competency of the so-called |
confession" ..=. i
Did Scully say anything regarding
the transaction Of February 30" Mr..
Brown was asked by the prosecution.
He did," was the answer. - Il
Did he say that there was any
there?"
Yes" zig.
What did he call it," =. H..