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to the C. clvertiser ime 23 d. i I. 5 A -Li THE SPRECKELS CASE The Conclusion of the Testimony for the Defense. Aii Attempt to Influence the Jury CONDEMNED BY THE COURT Fall ana Correct ghartnand Report of the Proceeding;. Affairs of the Hawaiian Commercial Company. CLAUS SP11ECKELS' EX AMINATION. XXedlcal Testimony ou Emotional and Impulsive Insanity. Hall McAllister Crushes the Chronicle. Labor on the Islands The Slavery Question The Eastern Rs Qu eries Honesty and Credit The Chronicle's Ues Ef fect of Concussion The Father's Family Stating a Case. The continuation of the cafe affainat Adolph B. Spreckela occupied the at tention of Judge Toohey's Court op to the time of the departure ef the Ala meda from San Francisco. The case will probably extend oyer another fort night, and it is likely that M. II. DtToung will be placed upon the stand. The Adtebtiseb is indebted to the San Francisco " Examines " for the follow lpg full report of the proceedings : Monday, Jane 8th. ' cliut Bpreckelt. the fathet ot fit de fendant, was recalled to the stand. 44 Mr. Taylor asked: "MiC Spreckels. whsa you were last here. 1 forgot to call your at tention, as I intended, to the article of No vember 16. lfcSi. headed 'Angry Stockhold ers; SlrClaua as a Corporation Manager; fiprsckela HawalienCommercial Company Scheme Approaching a Climax.' I will sow ask you how much. If any, truth there la in that article T "No truth in it." Mr. Spreckeli re sponded. "There was a stockholderr meeting, was there not. at your officer -Yea. air." "There Is that much truth that thars was meeting r - The meeting was there.' Who presided at that meeting? I did." You were a Director, then, wert your -Yes. sir." "How long have you been a Director Of that company." "Till the last election. I refused to act longer on account of my intention to go to Europe." The examination proceeded : Q. When was the last election 1 A. II was In October or September. I forget bow the date. Q. On this very day. November 18, 1S311 A. Well, that is the date. then. t Q. That was the date, was it ? A. Yes, trT The meeting referred to in this article was the annual meeting of the stockhold ers of the Hawaiian Commercial and Su- Q.JJJtd'Vou see any angry stockholders a A T AiA nnr Q. Did you see any indignant stockhold ers thera I A. I did not. CL Did you hear any Indignation ex- ? rested at that meeting by anybody! A. never have. . . A. , Q. You were present during the whole time the meeting took place, were you! A. I was. . q. Was any dividend ever declared by the Hawaiian Commercial and Sugar Com- fany from borrowed money! A.- Not that am aware of; no, sir. Q.-Did the liabilities of that company at any time exceed che assets of the com pany? A. No. sir. Mr. Campbell That is a little leading. Mr. Taylor That is the statement in the vl.l tfiBt tVi AiA mil that tha com pany w'as insolvent. (To the witness) Was the company ever, at any time, unable to Q. Did you. or any one connected with you, ever have anything to do directly or Indirectly with declaring unearned divi dends in order to speculate proatably in the stock I A. No. sir. NEVER MANIPULATED STOCK?. Q. -Did you ever cause, assist or advise directly or indirectly any manipulations ot the stock of the Hawaiian Commercial and Sugar company I A. Never with any one. Q. Have you yet stated during what time you have been a Direotor of the Hawaiian Commercial and Sugar Com pany! A. 1 have been a Direotor until this last meeting, when I would cot accept. 1 refused to become a Director. 1 was the lint one proposed in that meeting by ac clamation and I refused. Q. Were you one of the organizer! Of the company ? A. No. sir. .... , q. Were you a Director at the begin alngl A.-No.8lr. q. When were you a Direotor of this company ? A. They eleoted me when I was tntheHawiian islands. ..... . Q.-When was that t A. I left In 1882, in April, and came back in October. 1882. Q. April. lbbi. you were for the first time a Director of the company as 1 under stand! A They elected me, as 1 .under stood. Director and President for the first time, but after I was gone, after the organ ization. O. And you remained such Director tin til tbi meeting of November 16. U84. as 2 understand you t A.- Yes. sir. Q. Did you or anybody connected witn f ou. either directly or indirectly, take part a any sc hem or plan which had for its cbuctlhe absorption of the assets of the Hawaiian Commercial and Sugar Com pany, to the loa by the stockholders of their io vestments m the company! A. . 'rbere Is s charge in this article about your persuading people to take stock. I think we have already gone into that, this part of the article headed "A Sugar Uaited Trap"! A. 1 did ot. never. Jl. Did you. or any association with which you were ever connected, ever im port any forc'gn sugars into tl&SsjigrTteJ) in..u, in .lue. lut-t ih.y (iiixht Do tent o can ra u:ico t A.-.'.ctet d.d. . iid j on ever ttr-7j.,t to introduce ntu San Francisco sugars froin tb band "h islands had not been produced there? A No. air. .. there i uuther article that I over, .coked in t ni majs of articles, -tat one oeaned "The SUv-Drfvrs' Candidate.' pubJsbedm the Chiomcle of Oc'ober 28. I8t2. lwiihtocall the witness' attention to it. Tee Court That has teen read. WHITE VF. "SLAVk." LiHOR. Mr. Taylor Yes. s j it has been read In evidence, in which : is tated that "one of the treaty 's objects ,incaning tbe reciproc ity reaiy wa to increase the business of sugar rednipg ou this Coast, and that it .that is. the business ot sugar refining on this Coast) has failed btcauit the Ha waiian monopoly here moved the refining business to tbe is anda. and are Importing into the city rei ned instead of raw sugars. This means that the Government ot the United states gives a bonus to help the Ha waiian sngar monopoiy create and establish on a firm footing a system of white slavery on these Islands, and to crush ;he business of refining sugar on thi. Coast, or to re duce the wages of the employees to a level with slave lab r in Hawaii." Wbat do you know about that i A. That is not true. No sugar is refined there. Q. There is so sugar refinery there! A No. sir. C It is not true. then, that you were fraudulently or at all importing into this city reined instead of ra w sugar! A No. y. Or that you are seeking to crush the business of refining sugar on this Coastl A. No. sir. Q. Or to reduce the wages of employees to a level with the slave labor of Hawaii! A Never did. Q. Do you pay your men good wages! A. I do. 1 b y get the same wages they got from me twenty years ago. Q. What kind of men do you employ here in ban Francisco i A. All white la bor. Mr. Lloyd I object to that. That has nothing to do with this article. Mr. Campbell There la nothing said about tbe employment of men here, or their wages. Mr. Lioyd On the contrary, ther have always said that be treated his men well. Mr. Highton Mr. Lloyd is entirely wrong in that. I knew he was wrong the other day. I have now found a passage which shows that he is wrong. There is a direct charge In thia article of an intention to reduce white labor here to tbe level of alave labor in Hawaii in so many words. Mr. Campbell I was under the impres sion that we were trying Adolph Spreckela for an attempt to murder Mr. De Young. I do not know exactly wbat we are trying sow. It is very difficult to determine. The Court Let Mr. Highton read that. Mr. Highton This is the passage, if your Honor please: "That means that the Government cf the United States gives a bonus to help tbe Hawaiian sugar mo nopoly create and establish on a firm footing a system ef white slavery on those islands, and to crush the business of refin ing sugar on this Coast, or to reduce the wages of the employees to the level ot alave labor in Hawaii." Now, the wit ness has been asked with regard to white slavery there, and any attempt to transfer the business of refining sugar. He says no sugar is refined in the Sandwich islands, and new he is asked about reduc ing the wages ot the employees to the level of slave labor in Hawaii. The Court He has answered all those questions. Mr. Lloyd He has answered them as far as he could now. Mr. Taylor Did tou every say at any time that you would let the old sugar re finery roll A. 1 never did. 1 only saw it la the Chronicle. It is there. DEFENDANT'S ATTEMPT TO WORK. Q. Do you know whether the defendant la right or loft-handed r A. Risht handed. Q. Do you know how he protects his head, if he protects it at all. when he is yachting l A. He has always ootton in his ear. anu oe has an ear pad that he takes when he is yachting; something over his ear. Q. Something over his ear a pad! A Yes, sir. Q. Mr. Spreckels, in your testimony as to the length ot time which elapsed before the defendant resumed work after his ac cident, your answer, as the reporter has it, is not very clear, and I wish to ask you a little more specifically about it. The answer is. 'He came down and told ma that he thought he could go to work again. He came down to the otfcoe in about half an hour; came to my private office.' A. Well, what 1 mean to say. in halt an hour he was in the office; he came to my private fflce and said that ho could n.t work. Q. Now. how Ions; a time after he rose from hi bed did he attempt to resume workl Do you recollect! After be fell from the buggy? A. 1 think about five weeks before us attempted to resume work. Q. And at tbe expiration of that time be went to the office, as 1 understand ! A. Yes, sir. , . y. What took place then 1 A. Well, he calculated to go right to work, but he had not been in the office over half an hour when he came into my office and said h eould not do anything: that the figures blended together. Then he left the office and after that he Went to Aptos. He stayed there about two weeks to see whether be eould not recover. . , Q.How much work did he do from the time he had tbe accident until , the ear trouble commenced! A. Very little. S. What complaint did he make princl ly ! A.-Welt he had a kind of Dizains; In his head. CR08S-IXXMIISATI0W. On cross-examination by Mr. Campbell, Mr. Spreckels testified: After defendant attended Heald's Business College he be came Secretary ot the California Keflnery until he was hurt. He has the name of Secretary, but his brother Qus does the work. Heisnotconnected with the "barrel company." Am not aure that he had any connection u" "!r . t ... cial Company. Don't think he was a Di rector of that company in 1SS2. In April, 1882.1 was elected President ot the com- Eany. I was then in the islands. as not ere when the dividends were declared. 1 was opposed to the dividends being de clared. The company was not In debt, I believe, after the second dividend was de clared. The other Directors of the Sugar Comrany when the dividends were de clared were Colonel Babcock. Mr. Steele. C. A. Spreckels and Governor Low. The witness disapproved of declarins: the di vi dends in September and October. 182. but he was not here, and could not demur. tub; company's indebtedness. The property was not largely Indebted when they were declared. The company had money in the bank when tbe first divl dend was declared. Do not think there was any indebtedness a month after the second dividend was declared. He did not know that the company was $136,000 in debt at the end of June, 1S32, as he was in the Hawaiian islands then. The bank account was not overdrawn 155,000 on September 30, 1882. At that time from $80,000 to tlCO.OCO worth of sugar had just been turned over to the company br J. D. Spreckels & Brother. The witness did not know that .he company had over drawn its bank account to the extent ot 1122 000 on October 31. 1882. or that the stock was then selling at 165 a share, as he was not here; did not know that the amount overdrawn was $210,000 pn No vember 30th of that year: or $2 .7.000 on December 31st. When askd if he kaew that sum had increased to $800 000 on the 31st of December. 1883. the witness replied that he did not remember the date. He did not know that the company owed over a million dollars to the Nevada Bank in October. 1884. For this he gjve an in dorsed note, which was paid by the wit ness, and $1,100,000 in bonds of the com pany taken by him in return. THE DIRECTOR3 MEETING. Mr. Campbell-That was after this article of the Ohroniclt that that note was taken upl Thewitneta-ejslr. q That note was outstanding at the time of this publication in the Chrenicle. was it not 1 A. Yes, sir. o Now didn't the report that was read at that meeting of the stockholders state that the company had run $iHK),000 behind during tbe past year 1 Mr. Taylor One moment. Don t an swer that. . Hr. HIghton-They are exaroiningthe witness as to the contents of a report which peaks for Itself. Mr. Campbell The article says: " It was not a flattering exhibit. The company has run $2y0,000 behind during the past year, and is now $1,090,000 in debt." Now the gentleman has been stating that all these things in the Chronicle are lies, and I want to separate the lies from the truth if I can. and I want to see whether in point of fact the article in tbe Chronicle is true or not. and whether it is a fair exhibit of things as they were or not. .... , . Mr. Taylor Well, the objection is to whether you can examine a witness as to a report without showing it to him. Mr. Campbell I am not examining him as to the report, bat as to the article. I am asking him as to tbe truth of that part of the article. The article contain that statemem. and I want to know whether that statement is not true. Mr. Highton The proposition is this, if your Honor pleue, and this, of course, they claim, that the report In the Chroni . cte is a true report ot what occurred at tbe meeting. They have a right to go into that question, or. at least, we are sutdis tuitipg that, si a Btttsr Ql Utr : tut whej thev undertake to establish tbe tact that their account in the Chronicle of what a written report at tbe meeting contained, was true then we say the best and only evidence is the report itself, unless they prove that the report bas been lost or de stroyed. Their question asks directly for the contents of a written dooument, and there Is no rule more firmly established than that a written document is the best evidence of its own contents. Tbe Court Let llm answer the ques tion. Mr. Highton We note an exception to tbe ruling of the Court. Mr. Taylor We wish to state our objec tion so that the record may be r right. We obiect to this question on tbe ground that it calls for tbe contents cf a 'w.-.uen instru ment, and the written ins'rjment Is not shown to the witness, nor I" it produced, nor is its loss or absence accounted for, and it is secondary evidence, without having shown the things that should have been shown as a foundation. Tbe objection was overruled and an ex ception taken. THE STOCKHOLDERS REPORT. Mr. Campbell then repeated his cues tiou - ' Didn't tbe report tbat was read at that meeting ot the stockholders state that the company had run $290,000 behind dur ing tbe past year and that it wad then $1,090,000 in debt!" Tbe witness replied : "I don't remember any sums, it is impossible for me to keep that in my bead." The witness did not remember that the report of the stockholders said : "To meet the demands of tbe creditors tbe Presi des t. Sir Claus Spreckels, on his individual note, has borrowed l.(k.i.000 of the Ne vada Bank. Of tbe increased indebted ness. $100,000 has been incurred on account of the improvements, and tee bJance represents tbe loasef tbe suur crop." He did not think that any repoi i ever spoke of him as Sir Claus. Did not remember that he asked the Directotato liquidate tbe in debtedness to hin. as bo wished to go to Europe. TITLE TO THE LANDS. Te the question, "Was not tbe title to the lands cultivated on the islands by tbe com pany vested in you i" the defense objected, but the Court overruled the objection. Mr. Taylor objected and took an excep tion on these grounds: First, that it is asking tbe witness for a conclusion of law and for a legal opinion; second, that thin article nowhere elates that the title was out of tbe company, and hence he cannot be cross-esamined upon the truth or falsity of sucb a statement because it ia not in there: and. third, that aii that is stated about the ownership of the plantation Is stated in the article as a conversation be tween the witness poking as an importu nate creditor and certain stockholders pur porting to be present at that meeting. The witness replied : There is the Wyluka and the Wykapoo Companies, and I don't know which one you mean. The one is a lease and the other i in fee simple. The lease is from the Crown. It was tor thirty years, at $1,000 a year, and not $1.0 )0 a month. Part was in fee simple. The por tion that they call the Wykapoo commons was bought in fee simple on account of the contract. The title has be.-n in tho compa ny from the etart, I held the lease and the whole thing for the company, both the deed and tbe lease being mde directly to me. We have the whole thing by agree ment, and you can show it in Court if you want to see the whole transaction. In the Hawaiian Commercial and Sugar Compa ny there is a declaration of trust made to that eirect. This was drawn long before tbe meeting of tbe stockholders from the first start. Mr. MoAllister A foreign corporation eannot bold land there. Witness They could not hold real estate then, but a law has been passed in the Hawaiian islands that a corporation could hold land. I had the law passed myself. The witness further testified : There is no Slavery on the islands. People have been import, d there by the Government. When thev arrive tbey are landed tbe same as at Castle Garden. Thoy are kept until dis tributed among the planters, who pay Gov ernment tbe expenses. They ae walk out at any time. Noun recess of the Court. Afteraiften session. Just before the opening of Court for the afternoon seaaljn.Hv M. Chase, a phono graphic reporter, became seriously ill and was removed to the Receiving Hospital. Tbe witness Claus Spreckels. resumed the stand and testified : On the arrival of imported laborers in tbe Hawaiian islands they are placed in an inclosure two or three acres in area, the fence of which is five or six feet huh. Never measured the hight of tbe feitc-o The m-n and women are in separate quarters and all have rooms. When they are apportioned among the planters they sign labor con tracts. Mr. Campbell Will you just look at that paper and see whether that is the or dinary form of a labor contract (paper shown). Witness I have never seen one like that. Q. You have never seen one like that 1 A. No, sir. Q. Have you any of those labor con tracts in your possession! A. We have. Q. You have not one with you, have yon ! A. No; I wish.I had brought one along. Q. I would like to see one. A. If it will be time enough to-morrow morning I will bring it to you. Q. Now. after they jenter into these labor contracs, suppose chey do not fulfill them what is done with them then ) Mr. Taylor Do you know anything about labor contracts of your own knowl edge, except those that you yourself have entered into 1 A. 1 do not. Mr. Taylor Then we ask that counsel be confined to Mr. Sprockets' contracts. It is enough If we confine ourselves to Mr. Spreckels. If wo enter into an investiga tion as to all the socisl relations of the Sandwich islands we will be here a long time. THE QUESTION OF SLAVERY. Mr. Campbell We bad not introduced It, and that is the trouble about it. They have Introduced this very thing them selves. What I want to show is tnat when a laborer does not fulfill his contract to the satisfaction of his employer, or where he is supposed not to work enough, or where he ceases to work, that he is taken before magistrate and ordered to K,o to work; aad if he does pot go to work that he is Imprisoned with bard labor, and that he is there kept at hard labor till he is willing to go to work; and that he has to pay all those expenses afterward. That is what I propose to show. I want, in other words, to show a system of slavery. The Court What Mr. Spreckels knows about it of his own knowledge. Mr. Taylor As to what he knows ot what somebody else has done? The Court The answer will be limited to Mr. Spreckels' own personal knowledge and obssrvatlon of wbat he saw. Mr. 'Campbell-How da you know what is done then. Mr. Spreckels! A. I do not know of my own knowledge. 1 never bad a case before Court, Mr. Camp bell, never. , . . . . 6. Have you ever seen a lab ?rer brou ght before a magistrate there on complaint that he did not work according to bis con tract! A. I have never. Q. Are you familiar at all with the laws ef the Islands upon the subject of contract labor! A I do not know. q. .Do you know whether or not the laws of that ooun try provide for bringing a man before the magistrate if be refuses to work, or failing to work for his employ- "objection to this question was made, overruled and an exception taken. The witness answered. "I do not tnow." d. Then on the subject of peonage you do not know whether that does exist or ot! A. No. sir. ROYAL ORDER OF EALAKACA. Q. Now, Mr. Spreckels. I will ask you are you a Knight Commander of the Koyal Order of Kalakaua? A. Yes. sir. Q. That is an order of knighthood on the Hawaiian islands, is it not ! A I do not know so much about iU They sent It to me, and that is all I know, and I have paid no more attention to it. I have worn it here in pubilo when the King was q!-Now, you say you knownothing about the Kalakaua-Spreckels dynasty! Now, have tou not f jr a long time had a very large ana controlling iuiun wuuuuiuun Interest in the governmentover there! A. I df not know. Q. Then, have you not made very large loans to the Government there! A. No, sir. Wbat do you call large loans 1 I have taken Government bonds to the extent of five hundrsd thousand. q. tive hundred thousand. Have you supplied the King with silver coinage there i Mr. Taylor I do not think that a man becomes a member of a dynasty by making a loan to the reigning family. Mr. Highton The charge in the CAroni cle was that in connection with what was satirically called the "Kalakaua-Spreckels dynasty this gentleman was going to revolutionize the Government there and put bis own son upon the throne. He was asked if there was any truth in that ab surdity and he said. No. and now the gen tlemen, in the exuberance of their fancy, ravr the witness' attention to facts not even mentioned in the articles introduced here and Interrogate the witness in regard Uttnnjw. - " of the Question ' Mr. Highton The same object as the articles themselves. Mr. Campbell I do not care about press ing it to any largo eiUot. I suppose Mr. spreckels does not know whether be has a larpe interest with the Government or not. Now, Mr. Spreckels. since this order of knighthood was conferred upon you, have you not been designated in the island pa pers there frequently as Sir Claus SarecE els! A. 1 have never seen it in the island papers. Q- Did you ever see the Hawaiian Di rectory, the Honolulu Almaoao and Direc tory ! A. i have not. j. Then yon do not krow whether ycu are there published as a knight of that or aen A. No. sir: 1 do not. THE OTHER REFINERIES. y. Now you are Interested in tbe Oceania Steamship Company ! A. I am. y In tha California Sugar KeSneryl A. I am. Q. in the Barrel Company? A. Iam. V. And in the Hawaiian Commercial and Sugar C ompany I A. Yes. sir. Q. ell. now. In the course of your business you say you opposed the treaty with the Sandwich islands? A. I did. I opposed it on the ground thit it would be liable to denToy my business. 4. And then when tbe treaty passed you, of course, as an active, energetio business man. took the most udvantage of it that you could, did you not? The Court-That it proper. It is every, citizen's duty to recognize a treaty. Mr. Campboll Now. your protest against tlio treaty, is it not published In the Vnron . ' of ictob r 25, 1-81. in full? Just took at that and see ,extract from Chronicle shown witness. A. It maybe so. It is so long I forget it. Those things a' e so lonr that are published. 1 suppose that is it. That is my name there. I sup pobc that is correct, Idonotknaw. Counsel reads the prot -st. Mr. Campbell -Now. what has becime. since the treaty, of those last three refine riei (rererring to the Pacific, the Golden Uate and the Hay sugar retlneriesl? Mr. Taylor We object to that That is clearly irrelevant. Mr. Lloyd I suppose we have the right to show the fact that he on ettcctuaily squelched every refinery on this Coast. He Las either bought them out or olosed them up. and he is the last of the sugar party himself. He is the monarch of the Coast on the sugar business. I suppose we have a right to follow it up and show that these sugar retinerios have been closed and run out of the market. A. There Is one now called the Ameri can ; it is the same thing that used to be tho Bay. The other, tho Golden Gate, was a small refinery, and ran , erhaps about ten or twe'.vo thousand pundsaday-a little shanty ut there that is closed out. y. Did y u buy them out! A. No, sir; they are not men enough to work a sugar re inery right. They did not know enough. Th- y had to do It all with laborers. Tbey had uo men in it that understood the busi ness CONTKOLLINO THE MARKET. q.Now. I will ask you the general question whether you have not for years mainly controlled tbe sugar business here! A.. 1 do not know what you mean by con- i roiling. t - Fixing prioes. and sofjrthT A. It is netural that we, having the larger re-lineiic-i. they litve followed me. It cannot be otherwise. O. That is what I wanted to get at; that you have had that control? Mr. Highton Ho has not said that. That is your own interpretation. Mr. Campbell That is my interpreta tion, if you piease. Q. Now, have you not had an arrange ment with the American sugar refinery by which they were limited in their produc tion of sugar to a certain number of bar. rala per day, while you on the other hand, were allowed unlimited production) A. No. sir, that is not true. The only thing was this: That the American refinery ran one llftb of this market and I four-fifths. My capacity is about ten times theirs, and they have more than the advantage. y. And have you had no arrangement at all with them! A. Yes. sir; we had that arrangement; that tbey should run one fifth of the market. Q. They should run one-flf:h and you run the other four-fifths ? A. Yes. sir. Q. Now was not that really, practically, a fixed number of barrels per day ? A. No. sir ; it was not tixed at all. Once in a month or two or three months we would balance, and if one rati ahead of the other we stopped and would not sell until we came up to it. q.ow in regard to the navigation, as between here and the islands, the freight ing buMue-is. have you not had pretty ,-mcli tbe i-untiol of that fcr some years This in est ion was argued at length and Iverruled. PEK.SONAL HONE3TT AND CREDIT. During the argument. Mr. Highton said : We stated in our opening that we had no criticism to make upon anything that the Chronicle has said relative to the reciproc ity treaty between the kingdom of Hawaii and the United Slates, it is not true, as a matter of fact, if I understand the testimony correctly, thtt the witness has been asktd to state, or has ever stated, that every isolated fact which appeared in these articles in the Chronicle was in and of it self untrue. He has simply stated this: That those charges of the Chronicle which involved accusations against liia personal honesty, his personal character, his per sonal credit and the management of his business were absolutely f also. Now. then, the other side, when they come down to their cross-examination, instead of touch ing upon those material parts of the testi mony which have been elicited here by the defendant, undertook t select and seg regate a lot of facts in these articles, which may bo true or which may not be true, but which, whether true or not. are absolutely inconsequential, and endeav ored to direct their cross-examination to those immaterial matters: in other words, reproducing, as I said before, through their cross-examination, the very matters which they have once asserted in their ar ticles. Now we aro h?re broadly and dis tinctly to moot the material parts of the testimony to which this gentleman has sworn. He has stated unequivocally, and has thrown down the gauntlet to them in a manner not to be mistaken, that wherever they have made a statement in their articles which touched his personal honor, his honesty in the transaction of business, his observance ot those principles and those rules by which business men are actuated, which nave at tacked his personal purity, which have as sociated him with the lowest crimes which could be committed by a human being, that wherever those things have been said, th jge accusations are absolutely and literally f Use. " Now. then, in God s name, if tbe other iide are capable and have the power by any process of cros'-examination to show the truth of those charges, let them do so. There is no objection upon our side. But we do ob ject to their constantly running off upon immaterial matters as to which this wit ness has not even been specifically at tacked, and attempt in that way to leave out of sight thoe material statements which constitute the bulk of the testimony of Claus Snrckels. Fl'.EIOHTINU TO HONOLULU. The witness was then asktd about bis coniiecion with the Oceanic steamship Company and its freighting business with Honolulu. He replied: "Am a stock holder in the Oceanic Steamship Com pany, of which John D. .-pre; keis & Co. are agents. Am a director of the com pany. The butineis is in. he hands of my sons. People g'-iir-raliy ship in ;lie ves-el that makes a trio ai ball t.ie tiin of anoibur vessel. 1 be iheaiuc company have both steamers and sailing vessels. Wry likely the company ti-.vt ibe larger portion of the freighting bu.iuoos oetwctn here and the Islands. I purchase sujjar of ether p: !.tatiou-ov ners. ' Q.-iou advance them money, don't you ? Objection sustained. Q. Do you shi; the sugar you purchase on the vessels of John D. spreckels & Co.? Objccii. n sustained. Q. Was not a majority of eugr.r im ported from the islands prior to the treaty under 10. Dutch standard ? Objection sustained. Q. ince li0 has there not been a pro cess adopted by which the grade of sugar has not been materially raised ? Objection su-ta ned Tbe Vitne-s The defendant became ex cited when he referred to the Chronicle lies. Don t know that be is a Director of the Hawaiian Commercial Company. He ii a member of the tirm of John I). Spreck els Sc Bros. He visits the oiflco but he can t attend to much business on account of headaches. Never beard of his being engaged in a private wrotling uistcb just before tbe shooiirg THE AGREEMENT WITH THE RAILROAD. Mr. Campbell Now. you were asked In reference to an arrangement with the railroad company. You say that you did not know, if I understood you. whether you had made any contract with the rail road com piny or not in relation to the transportation Oi sugar. The Witness There is an agreement, if Your Honor will allow me to state the whole of the facts. The Court You can gion. The Witness- There wasa time when the lugar was imported from the East to the Wet here for dO cents a hundred, while far our exportation to Ogden ther chargeji The Court What is the object ti 43. I told the railroad that they dis criminated too much aain-t the manu factures of California. It was not right tor them to do so. that I would be perfectly satisfied if they charged one cent or half a cant or two cents or five cents a pound from the ast here, and I pay the same, a that we could be placed on an equal toot ing with the East. Prior to the 1st day of January, l&Sl. sugar had been five cents a Jound from New York here, and they owrred it down. I believe, to 90 cents a hundred, and charged f 1 is to Ogden. The whole thing was to bring in the Eastern sugar. That was the object, and I thought it was not fair, i never made a contract to pay them a certain amount of money or that they should transport sugar for me at a certain rate. It was agreed that I should send there at the same rate, say. for instance, two cents from New York here. Q. Well, didn't that substantially shut out the Eastern sugars from this market! A. No. air. no more than it shut me out from the East. Q. Well, wbat I asked you was this : Whether raising the rate to two cents a pound did not virtually exclude the hast en sugar from this market i A. No, sir; five cents a pound did not keep tho East ern sugar out, but we were not so well then in our sugar business as we are now; we have improved and learned. Every day 1 learn to manufacture cheaper, and fet it in the same ratio as tbe East, so that can manufacture as cheap as they. Q. How were you not then enabled to keep up a dinersnce in price between two I and two and a half cents a poui.d for your sugars bere than the r.asteru refine ries get for theirs in the East' A. V'ell.tht is I say a question. 1 cannot tell what they pay for their sugar. They have a different way for buying from what 1 have. Tbe witness further said that he did not know anything about his sugar being sold cheaper in Denver than In San Francisco ' Rfc-DIRECT EXAMINATION. On re-direct examination Mr. Spreckels said that the company lands in Hawaii ooroprisj between 7.0UU and 8,000 acres purchased by him in fee simple, and 10,000 or 18.000 leased from the crown for thirty years. The reason the latter was in his name is that the company, a corporation, could not bold land at the time the lease was made. Mr. Taylor then read the agreement between the witness and the con oration relative to this land, and the assignment by thj Hawaiian Commercial Company to the Hawaiian Commercial and Sugar Company. There was enough money or sugar on hand to pay the second dividend and the overdraft of $;C.0U0, the witness said. Mr. Taylor next read THE FINANCIAL RKl'OHT Of the Secretary of the company, dated November 15, l&M, showing a balance on hand of 2.5S0.590 40. Mr. Campbell And at the same time the stock was not wjrth a cent in the market. Mr. Taylor Mr. Campbell says that the Stock was not worth a cent In the market. I will ask you If you dealt in that stock at any time when it was not worth a cent in the market! A. No, sir; I never bought one share. I can give you the names. Just let me state the truth there. Mr. Campbell. Let the people know all. It won't hurt anything. I will give you th names and tho facts. Mr. Perry cam there toruyomc andsays, "Now, Mr.Spieckels, I have got some stock here " Mr. Lloyd 1 object to any conversation between him and Perry. A Well. I did not buy a share, even at two bits. Mr. Taylor Wbn you could have don so? A. Yes. sir. Let me explain why I did not buy it. It was for tbe simple reason that I would not buy the stock that others might say I bulled the stock down ind just h.-uilrfd it in. If it had been 0 tie red to me for two bits I wou'.d not buy it. for thit reason. 1 did not have a share 'njr, Taylor Something was asked you about the company running behind '2,'M 000. Was that corre. tr A. No. sir; that was not correct. I could not slate it this morning. I can give it to you. The $-'90 075 57. out of that conies $170,271 41 for construction so that instead of iSK1.000 it is Slltf.000. Q. Tbe other was for construction pur poses? A. Yes, sir. THE EASTEKN REFINER. Mr. CamDbell You said on your direct examination. Mr. Spreckels, that you said to your son that the Chronicle was paid by Eastern refiners. A. I did; yes. sir. Q. Do you know anything about it? A I will give it to you exactly, if you want it, the whole thing. oDo you kn w anything of thesortl Mr. LloydOf your personal knowledge? A. I got it from a mn. 0,of your own knowledge? A. No. ilr. but I will tell you the man. (J. No, I am net talking to you about th man." A. Well, I have not paid the money. o. Well, then, you have no knowledge of it? A. I have no knowledge of the amount paid. Q.You have no knowledge yourself? A. I have not; I have not seen it paid. Mr. . Campbell I ask to have that stricken out as hearsay. The Witness If you tell me that you paid a man a thousand dollars I believe you did so. I believe the man when he tells me so, and 1 think umt time we will be able to prove it is so. Mr. Campbell I want to know whe.her he knew the circumstance. A. I know the circumstance. Mr. Taylor He simply believed that it existed, and that is as far as he goes. Mr. Highton He furnished you all the Information he had. Mr. Campbell You say you have got it from somebody else. Who was the man you got it from? A. I got it from Henry Offerman in New York, in Wall street, in the Brooklyn refinery. o. When was that? A. That was. I believe, in 1381. I believe 1881, in Septem ber. I think. Q. Now, who was present at that con versation? A. Well, I do not know if any one was there. It was in the office. X do not know if any one was there. Q. Did he tell you that he paid the money to Mr. De oung or to the Chroni cle i A. No, sir. If you like all the whole thing told as he told it, you can have it. Q. I just want your conversation with him. Mr. Campbell Did he say when it was paid? A. No. sir. I did not go into such conversation any more. Q. Did he say where it was paid. A. No, sir. q. Did he say how much was paid. A. No, sir. Q. Or to whom the money was paid. A. No, sir. Q. What time in 1881 was that? A. I think in September. Q. Now you, at that time, were not in accord with the Eastern refineries, were you? A. Oh, I was good friends with them. They were in business opposition to me in one way. A WHAT HE SAID. Mr. Campbell Now, sir. If you wish to state what that conversation was. you can make any statement that you want. I will not object to it as improper. A. W hen I got to his office in wall street I asked him, ' Why do you do such a dirty thing as to get a paper to blackmail me or go after me ?' And he said, ' Claus. I have not contributed to it. When they came to me to contribute to it, to get a paper in the city of San Francisco. I said no. I never will pay a cent: but I did pay to send some lobbyists to Washington against the treaty;' but, he said. 'I never will go against you.' He knew, he said, that there was money brought over here. His money would i.ot eome here. He was a good friend to rne. He paid for lobbying in Washington; Li: at was all. Q. Now he paid nothing, but he said that other people did. A. Yes, air. Q. Did he mention the name of any paper at that time ? A. No. sir; 1 men tioned the paper. 1 mentioned the Chron icle. Q. And that you say was in September of what year ? A. 1 believe in SeptemL-r of 18S1; I wouldn't be positive. Q. Did he state who came down to get the subscription ? A. I did not ask that. 1 can get it though. Mr. Lloyd We will get that very quickly. Mr. Highton I don't think that side re marks to th jury are proper. The inquiry branched otf to the subject of the meeting of the stockholders. The witness said he paid for the plantation and lease. He never charged the company at any time for rent of property. He had some difficulty in getting a title to the land, but finally obtained a royal patent and the title waa recently transferred to the Hawaiian Commercial Comnanv. 'I hps Ji.u 9th. Ciaus sprecsers was rccaiiua tor mrinvr cross-examination. Mr. Campbell You were speaking about the American or Eastern rofineries having subscribed mney for the purpose of influencing Congress In regard to the treaty. The Court Ho testified that somebody told him that in New York, the gentleman whoso name waa mentioned. Mr. Campbell I say he testified so. Now, I ask him whether he al-o furnished any money for the purpose of sustaining the treaty. Mr. Highton objected, the ob'c tion was overruled and an exception akc-;. The witness replied, I do net remember."-, - 1 . C. You do not remember ? Yon know Paul Neumann, do you not? A. I do. Q. He is at present Attorney-General of th HawaMan islands. Was his appoint mt nt made through your influence? Mr. Taylor objected and the Court aus- . taiced Mm. but the witness replied. "He " . .. . .. . j v r AO ine question, i cu luywu mux . ... . very warmly for Congress, did yoa notr i another ob ection was raised and over ruled. Th witness replied that he voted for Neumann. Mr. Campbell Did you contributa money toward his election! A. Not a cent. TrSTIMONT OT WILLIAM CENTER. This conclude! Claus Spreckels' exami nation and William Center, who lived nrar the defendant and had known him f r -itcen years, took the stand and testi Hi d to Adolph SDreokels' good character, ar.d to the fact that he iSpreckelst wss greatly excited by tbe CA-onicf artlcl. Also to his ch tnge of disposition aftsr the fall from tho buggy. He further testified that no such conversation as that reported in the Chwtucl,' took place at the meeting of the utockholdors of the sugar company. He observed no indignation nor remem bered that any complaints wr made. TESTIMONY Or I. OCTTE. I. Gutte testified : Have known the de fendant since 187t, in this city. Have lived here thirty five years. Am a com mission merchant and an insurance agent. 11 ate seen the defendant almost daily for cr. V"e belong to th Turn-Vereln C ub. the Bohemian Club and the Pacifio ai-ht- lub. 1 visit his house and he visits me. VVbeu he goes faillnc with me he wears ear-covers. His reputatirn for peae and quietness is very good. The articles published in the Chronicle seemed to excite him very much. On the Sunday previous to the shooting he had arranged to go sailing with m. Saw him two or three da is afterwards and asked him why he did Dotcom. H said tbe reason was that his father had read an article in the Chronicle which excited him very much and he concluded to stay at home. Ob served that these articles changed his dis position. Crt as-examined The last tlm we went out yachting before the shooting I do not rtciiilect. We went sailing vry often. ct hin. more often at the yacht club than the two other clubs we belong to. He was f imi of a . tike and a glass of wine, I guess. Have l.u. i -.ess connection with him. I buy sugar sometimes and sell insurance. TKSTIMONY OK LEON WEILL. 1 eon Weil! testified: Have known the delei:d -nt a tout six years. When I first knew him he was cheerful and jolly. Knew him but slightly before he went to Europe. On his return from Europe we eit out yachting. We spoke of the arti cles published in the Chronicle and he was another man. He toik them much at heart. He was another roan when he spoke about them. He was down-hearted end depressed. We talked about the arti cle published November 10, 1884, the next day. He came to me and suggested that we take a walk. We did so. During that walk ho alluded to the article and could scarcely speak, as ho was choked. Took him to a place and gave him "green oh iitruse. which is good tor the diges tion. Laughter. t a oss-cxaiiuiu d 113 speke of the chron i'lc artic'.es in reference to his father as lies. He got very irritable over these arti c.e . no uad always oourage to express hisctiinion. He was decided in his opin ion. He would get angry when there was occ.isioti to do so. Took pleasure in out door amusements. Never saw him much excited except when he was talking about Chronicle articles. it was admitted that since January. li..; . W TI Ha Vnuntr has been on of the proprit tors of tho Chronicle, and for some tini past tbe sole proprietor. 11. A. Joiies. shorthand reporter, who was proent in the Police Court vhen this case wti called for hearing, testified that no witnesses were called. MEDICAL TESTIMONY. l;r. J. H. Wythe testified: Am a phy. 6ician and surgeon. Graduated in 1850, in Philadelphia, since when I have practiced my pr fcssion. Am professor of a medical college. Have written two or three medi cal b oks. Am a member of several medi cal societies. Have devoted considerable attention to mental diseases. Have had quite a number of cases of insanity in my MrVTaylorI will ask you this question : If a young man aged 23 was thrown from a buggy, sustaining a concussion of brain w hi h kept him in bed tor ten days and whir h incapacitated hm for his office work for six months, and that at tbe end of six months a severe inflammation of the ear set in which resulted in the formation of pus. and which necessitated two opera tions on the ear, one of them a cutting into th mastoid cells of the mastoid process or the temporal bone, whether or not such a concussion of the brain would be severe 1 What would you think about that ? Dr. Wythe As to severity the inflam matory action would be the mark of that, and would indicate most certainly that H was severe. EFFECT OF A CONCUSSION. Q. What would likely be the effect upon the brain of such a concussion with such results ! Would it or would it not have the effect of making changes there? A. The probability is that portions of tbe brain would become hardened or calcified. According to our best pathologists that is tbe usual result of such an injury. Q. Are iniuries to the head serious things, such injuries as I have mentioned to you? A. No concussion of the brain is considered slight. They are always serious. w.lo the results show themselves at once, always? A. Not always. It is oftener the case that the effects are seen afterward, months and years afterward. This calcifying process of wMchl hare f poken is a si jw degeneration. Q. What do you understand by Insanity, doctor? A. It is very hard to define in words what insanity is. but I take it that it is always the result of a diseased brain, Q. Whai may t some of the causes of the disease? A. Oh, they are as varied as the influences that would affect our brain. Q. What effect do the different organs of tbe body have upon the brain ? Do they or do they not affect the brain, the differ ent organs of the body ? A. There is not an ortcan of the body and scarcely an ob ject in life but may affect the brain. y. How is the brain supplied with blood relatively to other organs of the body! A. It is supplied in a very curious way. Q. As to quantity! A. It receives a err considerable quantity of the blood ot the body. y. Well: with reference to other organs of the body relatively? A. Oh. much more. y. May this disease, this mental disease, be of long duration? What do you know about that, doctor? A. Oh it may last a lifetime when it sets in. u. And it may be of shorter duration? A, It may be of short duration. Mr. laylor I wili ask you if it differs from "ther diseases in that respect, as to duration? A. It differs so much that it la very difficult to form an estimate of it. In other organs and other diseases we may form some estimate, but we cannot of tbe progress of disease of tbe brain. V. Doesevcry person who is in any way insane always rave or have delusions? How is that, doctor? A. Delusions are not nec essary to insanity. y. Persons may b insane without delu sions? A. Without delusions ! Certainly. Such cases are sect daily. Q. And how is it about delirium, about wild t .lk? May they be insane without that? A. Well, there may be no delirium. V. 1 will ask you whateflect injuries to the head may have upon the production of an insane condiion? A. I think I have already raid that a concussion cr compres sion of the br in may result in such altera tion of the nerve cells that they become hardened and incapable o" performing their functions so that they interrupt the natural current of action and tend to pro duce an insane condition. EMOTIONAL OK IMPULSIVE INSANITY. Q. What effect will long continued feel ing on any sub. ect have upon the mindl A. You a eak of the length of time. It would have an exhausting effect. I don't think of any better word to express it than that of exhausting a party. W. Suppose -hat were continued with grief i.nd unxiety and fear of loss of repu tation, what would the tendeacy be? A. Weil, it wuuld make the emotion more complex, tnat is all. l,. ouiu or would not a long pro-trai-ted emotion ei;d to lessen the grasp of the reason upon the mental faculties? A. i presume it would. Amotion is the mo ing cause of our actions, white reason is the-regulating and controlling ani de liberative tone that ho ds them in check. Q. As to marriage or nou marriage and the frequency til insanity relatively be tween the two. bow is that? Is it more frequent in one than in the other.and.il ao. in what class t A. it is more frequent among th unmarried. O. How is it as to thnae of nervous tem perament? A. Rather more frequent among those of nervous temperament. Q. Between what ages is it more fre quent? A. I think from 30 to 40 years of age would be an answer to the question. t. You have already testified that the Insane condition may show itself in many forms? A. I have. Q Is there any satisfactory class! flea tlon of insanity, doctor ? A. I think there Is oo leUt factory classification: nous tbftt gives satisfaction to th profession. g. In your opinion is there anv satis factory classification possible in the pres ent state of science ! A. There cannot be a satisfactory classirtcation un-il we have m satisfactory definition in words, and that at present is Impossible. O.Do you know whether or not tner is a form of insanity which is denominated emotional or impulsive insanity ! A. All nn iniinlfT irknow vac tstl. ri Tr ,vJ,,.t it 1 A u what la vour opinion about it a. - V-T.I? :V?i i- ?h . form. 1 consider that phrase to represent actions arising from a diseased brain suoaeniy sua ""' torlly. I think that will cover t he ground. Q.-Ia that case I will ask you what you understand to be an irresistible and un controllable impulse, as connected with that form of insane condition! A. I think Impulsive insanity may be uncontrollable. It has various grades. Of course I can hardly conceive of lmpulsiv insanity that would not be uncontrollable-autcmatio, you might say. ,. Q. How does a person act wban In that condition, doctor? You ay he cannot con trol his will. State what you mean by that particularly. A-That is rather a difficult question to answer. I suppose ho might act in various ways. The uncon trollableness must be evidenced by tbe act itself. , . ... Q. How may the act be evidenced? A. But th insanity which prompted it must be judged ot by the previous condi- tion of the brain. INTELLECTUAL AND EMOTIONAL INSANITY. Q. How may the acts of the mind be classified, doctor! A. They are usually classified by writers into will, intellect aad emotion. g. May there b a form of insanity con nected with eaoh of those acts of the mind ? A.-There may b. o. What. then, do you take to b the difference between intellectual and emo tional insanity, if we may use tm-se phrases? A. I presume that the diner ence is that the intellect remains ciar while the emotion is uncontrollable by the will Q." Now. as to intellectual Insanity, what would you take to be such ! A. in tellectual insanity is connected with de lusions and hallucinations of various sorts. Salsa reasoning or right rea-soning from ilse premises. y. May a person in an insane condition us a proper weapon to accomplish his purpose; how is that? A Oh. yes, sir; they are as shrewd and as cunning as sane men. O. May a person use such a weapon as that and yet at the time be overborn by an irresistible im. ulse? A. I should rather think the irresistible impulse woud come upon him to use it aud in the use of it. Q. What effect would tbe sudden and accidental appearanco of the supposed wrong-doer be likely to have upon the abnormally irritable brain of the one who deemed himself grievously wronged by this person? A. The emotion that would b excited In a sane man under such cir cumstances would be likely to transport an insane brain beyond c ntrol. Q. 1 forgot to ask you a question which I wish to ask here, a little out of place, as to whether or not concussion of the brain leads to a change in the di-potition ot the person affected. A. It often does. q. And as to the irritability or other wise? A. It often does; generally docs. Q. In what respect does it charge the disposition of a person? A. Well, it changes it just as all mild indications of Insanity are an alteration of the temper and habits of thought and mode of doing things, sometimes latent aud sometimes manifest. Q. Yes. Now I will return to the course of examination that I was on. If one be overborne by what is celled in the books an irresistible impuise, by what you have determined and described as an irresisi ible impulse, is it always the ca that ho appreciates the quality of his acts and knows for instance that be is committing a criminal acs if he makei an assault ? A. He may or may not. q. May he be so overborne and yt be rational immediately after the coiumlsMon of the act? A. 1 b lieve that is acknowl edged by all authorities. 1 am of the aiuu opinion. LONO-CONTINUED PASSION. Q.May the violence of the act be fal lowed by a calm A. 1 will say. however, in relation to the last question, my npini .n Is not wholly bast-d upon authoii.ies. but upon observation. o. -That a person may bo overborne. If I understand you. by an irrisitiole impulse and do something that lie should not do, and immediately a ter theciminisjion u theact be in his riKht nmr.i. la it. ai what you mean f A Vej, sir; that is what I mean. . y. May the Insane c"n!il:on be con ccuied until the time of the ti ai outbreak, soo'or? A. I am of the opinion that if the habits and character ot ttie patunt were properly observed there would be in dications of his condition before that time. I think there lies a great difference be tween transitory mania and nn outburst of passion or revenge; that in the one case there are evidences of a diseased brain beforehand, and in tha o her the.e are no auch evidences. tj. How is it about tho power of one in an insane condition to choose between right and wrung when he is overborne by this impulse of which you hate spoken? A. Well, of course, if he is overborne he has no power. That is implied in the Question. He may have intellectual clear ness and yet be uncontrollable. Q. How is it about the feeling of right and wrong in those w ho are attected? A. They may know the act to be a wrong act and yet be obliged to do it. Q. What if a long-continued passion of Buffering be caused by repeated and. long continued assaults upon those we hold the most dear on earth? A. It produces a more aggravated ;form of emotion that ia a.L y. Mr. Taylor, If the feelings were pain fully wrought upon by the same means and in the same way day after day for nearly three years and that upon a brain which is abnormally irritable? A. It in creases the irritation. Q. And take that same kind of a brain and see what the effect would be upon it if during all this time the persons most dear to one were constantly and repeatedly charged with inhuman and cruel prac tices? A. I would havo to answer in tho sams way. AN nVPOTnESTS. Q. Might or might not this result in an attack of emotional insanity in such a per son with this abnormally irritable brain? A. In suoh a brain it would be very prob able. Q. Take such a brain again, doctor, and suppose that a person had persistently for seveial years persecuted this one with such a brain in such a way as to so pain fully work upon bis feelings as to cause a change In his temper, disposition and con duct; and suppose that the person so per secuted! be a young man of high spirit and nervous temperament, and he was to suddenly and accidentally meet his perse cutor, might there or might there not be auch conduct upon the part of the person persecuted as would fall under the head of what is known aa emotional or impulsive insanity? A. I think all neurologists wiil agree that there would be. it would bo likely t be. Suppose this persecution consisted ot false and slanderous attacks upon the diflerent members of a family of the one so persecuted, and to whom this one was tenderly and devotedly attached, these attacks being made c jntinuously day f u r day for several years in the columns of a daily paper of large circulation. pub.i3ht-d in the city of residence of tbe one so per secuted: what eflect would be likely to be produced upon the mind of this person? A. The person with such a brain as has been referred to would be very likely to be driven mad to insane acta 1 mean. I think that is but common sense. STATING A CASE. g"" Mr. Taylor Doctor, follow me as clo-eiy as you can, please, buppose a man about 23 years old. unmarried, high spirited, of nervous temperament, but quiet, cheerful and peaceful in bis demeanor, was thrown from a buggy in the Summer ot 180, striking his head, upon tbe left side, upon the ground, and thereby producing a ss vre concussion of his brain; an hour or two afterward, when his physician first saw him, he had great mental confusion wished to rise from his bed and go down towu, when it was perfectly manifest that he was incapable of attending to business. He talked in a confused manner, saying irrelevant and unreasonable things. He was con tlm d to his bed for about ten days, and for fire or six weeks after the acci dent felt himself unable to attend to busi ness. On attempting to resume his work, however, be found that he could not add up a column of figures: that his head went round, as it were, and that he was unfit tor office work. All i bis was accompanied with dizziness and headache. 1 his condi tion continued until January. lbl, when he complained of pain in the left ear, and and dullness of hearing in the same ear. This resulted in an abscess in the deep part of the external ear. This abscess was opened by three incisions carried to tbe bone, the result be in a: to set free a small quantity of purulent matter, and affording, at the time, considerable re.ief to tne patient. A few days afterward there was a recurrence of tbe pain, which became i-o intense as to give rise to feelings of self destruction. At this lime the patient talked in an irrational and unreasonable manner, and bad to be watched for fear he would kill himself. His attending surgeon thereupon punctured the ear-drum and let out a considerable quantity of purulent SUfteii. l the same time he qut into the mastoid proce s of the empor .1 V.! "e mast id cells and lei out M purulent matier. 1 he patent theutKm Felt relieved, and a slow impiovement cm tinued. witn Ue eicp ion of a f0"". aiue of psin ard "creased discharge o nurulent matter l irregular 01"', until about June. 1.1. when thepslnsnd discharge ceased; there wa.h.Ad.cUe. hnuai.r. rroui limo VJ - riition was sucb as to tusk ENTIKE ABSTENTION FKOM HUHINES - - ....N..ncrtV WSS Or necessary, anu i .... of acrea ao.-oau w w ; . E mem goins wim A'mmmA Ki. Kdvlftars deema it r.u,rT and ha stent bis time In trav- elins. accompanied uy a irienu. u . i . ... 4 1 inn tprinir ot ls-.. wben A iter his return he hsd occasional "-'" matory symptoms connecieu affected ear. k;H wore accwi - - . the d le with headache llie nernr.u,, - - ,h essevl ear was rendered In''Valned ased ear was - -- - remameu, bove descril ed trouble, and has rc perfect ever alnoe. fcupi 'VJ.W10 of a imp Unualiy anu cwuV.. :Y - DUt,neas . m SMcTkt-tIW Strong aou - -- r; - L11.ine-" enterprises of his father and the ""nV induct of his father; had PC;V; ' honor and integrity of Mi father: JJ d-' . nominatedhimasone of the monsters oi inhumanity, as a merciless t Trent. " one who deserved criminsl rrsecuuon, h"d char.d his father with living sought to corrupt Legislatures ami w o i"TV--. famous purposes, and in sailing- uV -j -tern of slavery the worst the sorU M ever seen: had accused his father of chest ing his closo-t business friends and em ployees, and of having perpetrated tho grossest frauds upon such friends and em. ployees. ar.d held up his f nhcr aud the diflerent members ot HIS FATrtER'B FAMILY . To soorn. contempt and obloauy. and i hsd sneered contemptuously at his mother; now. suppose this young man had read t hese articles and blleved the statements there in contained to be wholly untrue, and that he and his father had had numerous dis cussions about th matters contained in those articles, and particularly about thrir outrageous and untruthful character, with the result of exciting this young man. which excitement would be followed by moodiness and depresfion of spirit, ana suppose that some three days before the assault in question, this newspaper had publihed a particularly abusive article of the aforesaid character, against his father ; tlt this article was discussed between father and son on the morning of Its pub lication, with the result of alfecting him to a greater tnt than he bad been atfected by any previous article; suppose that these constant and 0ittr attacks, ana the discuHsions with his father in relation thereto, had a manifest e if net upon the conduct and disposition of this young man, so manifest as to excite the observation of his friend and acquaintances; that in- s stead of being cheerful and buoyant in Qia- Sosition as before, he becaron moodWjana h epressed; suppose this last pu ilea,- j lion, tome three days before the assault In queuion. had an espeoially narked e.ect upon this yeung man, so much so as ta entirely incapacitat him from attending to his business; that he was nervous, EXCITED AND GREATLY AGITATED. That he walked to and fro without ob ject; that he broke off in -h middl ot a aontence; that he was in a state of mental suflering, and was entirely unlike him solf. Now, suppose that while bo was in this condition ho accidentally saw the pro- " prietor of this newspaper near his publica tion ofUce, and, on so seeing him. walked after him into this publics tion ortlce, and there assaulted with a loaded pistol and wounded the proprietor of the newspaper in question the pistol not having been procured or carried with any view to such assault. And suppose, further, that before this assault this young man's conduct had been most exemplary: that he had always been amiable, peaceable, quiet and law ' abiding; now, under such a hypothetical case what would be. in your opinion, th condition of th mind ef this young man at the time of this said assault? Mr. Lloyd objected because statement ' , were made in the question which were nc.v true. H particularly objected to th statement that Mr. Spreckels had been spoken of in a contemptuous manner. The objection w'as overruled and an ex ception taken. The witnevs replie "I am of the opinion that the injury and con dition Cf his bruin was a predisposing cause of insanity, and that the emotion excited by the contact r. ferred to w.iuld be a probable exciting cause of insanity. That is as far as I can go." Here the Cuurt, alter the statutory ad monition to the jury, took a recess until 2 y. m. The Afternoon Helon. During tbe afternoon Dra. Wythe, Duck and Mears were on th stand as experts on insanity, and the testimony of all threo -was substantially the same. They agreed '. that the immediate effects of a concussion of tho brain might not ba mere than mere dazing or general tMddinees, while months afterward inflammation ml?ht set in ar d causa serious result, the attending physician being the best.iudge of the con nection between the injury and after ill ness, either mental or physical. The re newing of the insane activity after tli in jury had outwardly healed would prob ably depend upon the exciting causes. They denned impulsive Insanity aa an irre sistible impulse to do a particular act, with, at the same time, a perfect knowl edge in the mind of the nature and quality of the act. The diseased br iin should be a specification to complete this definition. It is a hard matter to distinguish between frenzy arid impulsive insanity. Tbe questions asked tho ihrco witnesses during the session were precisely th same as tli'ise propounded during tbe morning, and the answers varied oslry in the manner ofexprcssion w. jj. Davenport, gonsral passenger agent of the Oceanio Steamship Company, whoso testimony was simply cumu lative of tho evidence of the effert pro duced upon tbe defendantby the Chronicle articles. Mr. Davenport saw the defend ant daily, and often discussed tho attacks on his father published in th Chronicle. The article of th ICth of November had a particularly depressing effect on the de- fendant, who vas moody to such an exten'C : as to bo unfitted for business for two or " " three days. He was abrupt and lacked : continuity, and hi general demeanor waa . wa. such that the witness re Trained from dls. cussing with him business affairs that needed attention. Ralph C. Harrison testified that he and tho brain or inis J' .. r. ndrod more the aroresald Injurle V.h.nYn its riormt sensitive to eicitement than J.rndf r,y stale: that this young man d and devotedly att bed t hie fall bar an h mother; that for some three years oeiu assault hereinafter nu nt l,r ed a newspaper of larae circulation, vno In ttie cut i "-" .-,,-, Hi!h accused bH lamer oi """ JO" ,h of crimes against th community. or grossest acts of inhumanity; of untruthful ties: of rapacity: of licentiousness; an d ox having promoted the lascivious plea-1 irrn ot others: of having been instrumental In liio. wMt wnineu to black mon lor in- bis partner were the attorneys for the Ha waiian Commercial and Sugar Company in 1835-4, and all of Claus Spreckels acts were under their advice. When the com. pany was organized Mr. Spreckels had leases of Hawaiian landj which he desired to turn over to the company, but on th statement of the witness thutthe Hawaiian law prevented a foreign corporation hold, ing real estate he retained tho title, and fave the company a declaration of trust, he difficulty was afterward removed and Mr. Spreckels made an assignment of th title. The compaay held an equitable title and Mr. Spreckels would have been liable for every dollar ot 1 iss. Q. Did the stockholders generally un derstand this? A. i think they did. y. Were you present at a meeting 'of the company on the loth of November Iabti A. Yes, sir. Q. Did you hear any angry words from stockholders on that occasion? A. No sir; the session did "hot laat over half ati hour. ,0- Did Mr. Sprecke!s decline to be re elected a Director ? A. Ves, sir. A state m -nt of the af.'airs of tho comrany was made, but no:hing was s .id, that 1 heard, of the ienso of lands in the islands. 0- Did Mr. Spreckels fiay that he would certainly get his money back; and did a stockholder reply, you won t get a cent out of us f A. Nothing of tho kind oo currcd. ANOTHER HYPOTHETICAL QUESTION. Cross examination brought out nothing new and Court adjourned until 2 o'clock. on 5, McAllister's announcement that the defense rested. On resuming at 2 o'clock, the prosecu Hon called Dr. Henry M. Flake in rebpt- . Ur' ausbcH conducted the examln- -E jn;.?,,., Ve:,oa ing the witness sTV hypothetical question, as follows : s " m iBUU UQ Beclllt? & newspaper proprietor against whom L a grievance going down the street ft-?Kehlra until he entered hia office JnS1 hheire o10 him. and upon cal?-' ing h;m. by name the nin.n.. kj Ll II 1 11 IK1 Tl r I I) J T a turned "and made a rapid motion toward VuLnd: his that pocaet with Ms k i i ' t hi 4 "1 V.