The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-05-09
BOTH DISCHARGED.
Wilson and Brown Acquitted in the
District Court.

| C. B. Wilson and J. w. Brown
were on trial in the District Court
yesterday afternoon, on charge OF
| being accessories before the fact IN
the Gallagher mayhem case. Both
| defendants were acquitted.
The evidence for the prosecution
was nearly the same az that ad-
duced at the recent trial Of Gala
CHER, the same witnesses appearing.
It will be remembered that Peter
Lucas, the hotel bartender, testified
to Brown having interfered with
several people who wished to stop
the fight. This was the only testi-
mony given, except that of Peter
son himself, showing that Brown
or Wilson had melted Gallagher to
injure Peterson.
Peterson testified yesterday that
while Gallagher had him on the
floor, Wilson and Brown both
urged Gallagher to do the P. G.
spy up" Peterson said he appealed
to Wilson for help, bat that the
latter said he wanted to see fair
play and no interference.
For the defense, Fred Harrison
told an entirely different story of
the fight. He said Peterson was
the aggressor in the fight, irst.cal-
ling Gallagher a " dirty royalist,"
and then struck him. Harrison
also said that Wilson separated the
fighters four times, and each time
Peterson insisted on renewing the
fight. He did not know anything
about any biting, nor did he hear
either Brown or Wilson say any
thing during the fight or call any
one any names. His testimony
was corroborated by T. w. Raw
Inns, who said he was positive that
neither of the defendants had IN
any way told Gallagher to injure
Peterson. He, also, was positive
there had been no biting, and was
sure he would have known of it
had there been any. He said he
did not know that Peterson's ear
had been hurt until the next day,
when he read it in the ADVERTISER.
The testimony of these two wit
nesses was contradicted IN one part
by w. f. Love, who said that Gal
Iagher struck the first blow. Mr..
Love, however, left the room as
soon as the fight commenced, and
knew nothing about it.
G.. B. Wilson, when put on the
stand, denied ever having used any
such words, xiii the P. G.. spy"
or having in any way tried to adj
wise Gallagher to injure Peterson.
He said he interfered four times
and separated the eombatants, but
that Peterson insisted on renewing
the fight.
Brown, the other defendant, said
he did not know either Gallagher
or Peterson well, and had no SYM
pathy with either party. He did
not do anything to incite violence
on Gallagher's part. He pulled
two or three people away because
he thought they were trying to
take a hand IN the fight, and he
wished to prevent a general row.
FIe said he had been drinking, but |
knew perfectly well what he was
doing. He did not hear Peterson
appeal for help at all. Gallagher |
was quite drunk when the affray
happened, but Peterson was sober.
G.. w. Ashford for Brown, and |
Cecil Brown for C. B. Wilson, then
reviewed the testimony, and claim
ed that there was not enough evil
dence to hold the defendants for
trial.
Deputy-Marshal Brown, for the
prosecution, presented his side of
the case.
Judge Robertson said there was
no doubt that there was not
enough evidence to convict Wilson,
and discharged him. As to Brown,
he said the prosecution had made
out a slightly better case than
against Wilson, but still not sufi-
cient to hold him, and he was also
discharged.