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Alvin Hooks cross-examines Hatsue. She agrees that Kabuo was excited the morning of the 16 th . She did not tell anyone the news. When they found out that Carl had passed away, they felt everything was up in the air again. They talked about going to the sheriff and telling him about Kabuo talking to Carl but decided not to. They knew it looked like murder. They were afraid, and silence seemed better. Hooks questions whether she is trustworthy. Why didn’t they come forward to help with this investigation? Hatsue tries to explain, but Hooks is done with his questioning, and the judge makes her step down.
Attorney Nels Gudmundsson calls Josiah Gillanders, president of the San Piedro Gill-Netters Association. He has only boarded another boat 5 or 6 times in his 30 years of fishing. It has always been in an emergency. No one ever boards another man’s boat except in case of emergency. It is an unwritten rule, a “code of honor among fishermen.”
It can be a bit tricky to tie up at sea even in good weather. He has never heard of a man boarding speedily in the manner of an attack. To tie up against another man’s will is impossible. There would be no other logical reason to board except in an emergency. Regarding whether you’d try to board a boat with the intent to murder, Josiah says you could not board if the other man didn’t want you to. Carl Heine, in particular, would not be an easy man to board against.
Gill-netters usually don’t carry a spare battery on the boat. Having three batteries on a boat is strange, and a dead spare is mighty strange. He has also never heard of a D-8 and D-6 together in the well. He believes Kabuo is truthful and that Carl had battery problems. Drifting near the shipping lanes with no engine, lights, radio, or spare battery, Carl would have been very thankful if another gill-netter came along. According to Josiah, planning a murder at sea in this manner would be “the most cockeyed procedure imaginable.”
Attorney Alvin Hooks cross examines Josiah. Josiah agrees that it is plausible that Kabuo pretended that his boat had engine trouble to get Carl to help him.
Nels Gudmundsson continues to build his case. Through the testimony of the Gill-Netters Association president, Gudmundsson seeks to prove that the only reason Kabuo would have boarded Carl’s boat is because Carl had an emergency. Boarding with the intent to attack and kill would have been impossible for Kabuo to do. The prosecutor does present an alternative theory: Kabuo could have pretended his boat was dead. The evidence for innocence and for guilt continues to build. It is also important to note that Ishmael has not presented his finding to the judge. He lets Hatsue and Kabuo take the stand knowing he has the evidence that can prove Kabuo’s innocence. He is still struggling with his love for Kabuo and his hopes of getting her back.