The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-09-09
Nature of Charges Made Against
Thompon, Price and Burns.
CIRCUS MEN FOUND NOT GUILTY.
Decision in Jacks Case Reserved-Judge de la
Vergne to View Carter Premises by Night
Defendant Says He Wasn't There-Price
and Burns Guilty of Assault and Battery.

| Jack Thompson was arraigned be-
fore the District Magistrate yesterday
morning on the charge of being found
at night without lawful excuse in the
premises of Mrs. J. L. Carter De-
PENDANT plead not guilty.
Mrs Carter sworn stated-Live at
the corner of Fort and Beretania
day night, August 18th, saw defendant
climb the fence and come opposite the
parIor window Was watching for
some one who had been stealing
bread; called my husband and defend
ant ran. Am positive it was Thomp-
son for l saw his face as he climbed
through the fence. He has no right to
be on my premises.
oSs-eXamined-Had been watch
ing at the parlor window for over a
week. Defendant ran when my hus-
band opened the shutter. Was going
to shoot but my husband interfered
House.
J. L. Carter gave substantially the
same testimony as that of his wife and
in cross-examination stated that he re-
cognized Thompson perfectly at the
gate. He ran up Fort street and
turned in when he got to place that
witness judged was the Popular House
Prosecution then rested and Jack
Thompson gave his story as follows:
l was not on the Carter premises on
the night of August 18th. Don't re-
member where l was or with whom I
was. Am living at the Popular House
Was convicted once for driving a hack
without a license. Don't remember
any other conviction.
Defense rested and now all that re-
mains to be done in the case is to
have Judge De La Vergne visit the
Carter premises by night, and look
out of the parlor window while the
electric lights are burning in the |
streets. After that he will give his
decision in the case.
Next on the list was the case of j.
w. Price and w. J. Burns charged |
with being found at night without |
lawful excuse in the premises of Mrs. |
]. Sullivan.
L. E. Frost, sworn, stated-Am liv |
ing at the Hawaiian hotei. Was at |
Mrs. SuIIivan's at the beginning of |
the month. Had one room in the cot |
tage at the rear. On the evening of |
1st at about IL o'clock heard |
defendants come into cottage. l was
asleep when the door opened. Asked |
them what they wanted. They follow
ed me when 1 went out. Price must |
have gone through my room. They
had no right there.
Cross in bed asleep.
Burns had a watch in his hand. He
struck at me. 1 was not intoxicated.
G. Hughes sworn, stated-Liye on
Sullivan premises. 1t was after 10
o'clock on the night of September 1st
The defendants came into my room
after Frost did. Something was said
Do not recall what. There was a bit
of a shuttle between Price and Frost
Some blows were struck. Price struck
first. Burns was only looking on. l
tried to stop them the best 1 knew
how Frost did not make any de-
tense.
H. Carl, sworn, stated-The defend
ants were hitting at Frost who was
lying on the bed.
A nolle prosequi was entered and
defendants discharged.
Immediately after this charge of
assault and battery was served on
Price and Burns. To this both de-
plead guilty and were SEN
-enced to pay fine of $40 and costs
each.