The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1897-07-09
OFFICERS ERROR
Swears Midshipman Kear.
ney Struck Policeman.
81. the MILDLY Was Miles Away.
Complicated Case in
Police Court

Sz--r and battery On OhceT haInaA2
between Il and = o'clock Saturday
rish- came up for trial in the Police
C-r-- before Judge De Is VeTgne yes
te-zzy and took mp most Of the morn
izz Marshal Brown appeared for the
prosecution and Attorney Macdonald,
cf the firm Of Humphreys & Macdon-
ala. for the defense. The Admiral was
represented in oourt by Nidshipman
Eszrney-
The prosecution placed upon the
stand the officers who were present ~
the trouble o. Saturday night They
-rrf az how Kane. the defendant. had
-Tke5 M 10 Nsmaks and struck him,
zvz-riuC ths- there was no proyoca-
rid- whatever Tor his doing 50. Officer
Locsr took the cake He said he saw
Kane strike ha-aka. and when asked
To identify the man who had done the
hitting. pointed out NiGshiQnan Kear-
nsy. who was lot on the scene Of the
disturbance sr any time. but who was
merely present AZ the proceedings as :
rs--eSe--z-ive q the Admiral An
z-use6 look passed over the faces Of
those present in the court room. for
the mistake. most Iu6icrous. was rem
5e-e5 more 50. perhaps. by the fact
thai Lorzn insisted thar Nidshipman
kea--sy was the as1ilsnt OF kamaka
The prosecution rested. and Attorney
Macdonald called W the witnesses for
the defense. Kane taking the stand
frs Defendant testified that not
blow had been struck and that the
rTVEtle El arose from his pointing out
C=cs- EsUska SIS the msn who had
stolen the uonev OUT Of the pockets Of
WILLIAMS. the tIuejacker Of the Phila-
6t,7tis- who vas taken ont OF one OF
the saloons On Fort street Saturday
night
r VIII he remembered that 2 num-
her az t,-eiaCke-s from the Philadel-
phis and Marion were in the saloon
CT LAST Saturday night Among them
EEs Williams. who went into the ante
roc-- uezr the bar. and fell asleep
Two UCliceUel-O-e Namaka and the
c-Ee- EIiuoa-wenr in and dragged
che tl-esacke- cut II was openely as
serted Thar Ns-aka took money ont Of
Williams pockets At any rate. Kane
pointed or Esuaka. who vas leaning
u aEai-s- g post. and was Immediately
arrested and locked up.
The testimony Of the men OF the
Philadelphia all took the same trend.
kane simply. pointed out Hamska and
was arrested All seemed 70 think that
one Of the officers had taken the money
fro- Williams
The interest o. The morning was cen
tered In the testimony OF Williams.
Who took the stand. ssluted. was duly
sworn and then began with his teSti-
ro-v Re said he was in the ante
room. and when asked II he vas
ss-ae7- answered No. not wholly
Just half and half" He told Of how he
tat hea- dragged out by two officers
c-s II e black and the other IN 2
white hs-- While IN the alleyvay. lead
Ing 70 9 stable next door. one OF the
policemen pu- his hand into his peck
cts s-d took on S5-o5. People began
To collect and he was let 20. Then.
watkins ON into The street he asked
E--e who he man vas that stole his
uc-er. Kane pointed ont Eanaks- and
two policemen stepping up. arrested
hin
Williams said that when The officers
frs grabbed hin he did not know that
-hsv were officers. for they ha6 no
bzEEes on AID their hats we're those
C v-ivc-e ci-iEe1s. What put him on
were The brass buttons OF their coats
He WIS absolutely sure that one OF the
men had taken The money from his
Qo-t=s- some q. This vas dropped NJ
O. he Foo-. s-5 Kane picked up ?
hzlf dollar.
Attorney Macdonald hezan his argu-
-e-- tv pointing ont the hesiIztinE an
|. swe-s given ~ the witnesses OF the
prosecution and their attempt 10
sh5e-5 Ec-zzs from suspicion, after
Yards contrasting this state OF affairs
nth The most satisfactory and
STA 5Ehtto-wzr5 answers on The part o.
tie witnesses for the defense He
f--he- stated that the policemen,
without exception had falsifed on the
Sand. Undoubtedly Eanaka did take
TIE money out q Williams pockets and
undoubtedly the policemen had 6elib-
s-z-e-r lied 70 protect Ksusks- Al
tc--ev Macdonald then called attention
70 What he STYLED IN unfortunate Te-
-srk o. The part of the Marshal r;
referred 70 Manufactured evidence.
sd rhe- r-ocee5e5 % ask z This r.
-zrk had come from the Marshal o.
account az having had experiences
previously
Attorney Macdonald did not get an,
fu-he- Marshal Brown Jumped u
sid objected st1enuouslv. saying tha
counsel for defense lied and that tha
vas exactly whst he thought
Judge ne Is Vergue interrupted
telling Attorney Macdonald that h
lad given hin the impression Of cast
EuE & reflection on the prosecution. A.
to-uev Macdonald said thai he did 10
intend 70 convey any such impression
J16Ee De Ia Ve-Ene then sd6resse
Marshal Brown telling hin that Il !
uttered such s remark again he shoul
cousi5e- II contempt OF court
Attorney Macdonald before confirm
Ing his argument, sid hat he felt g
spoiogy due him from The Marsha
and that he hoped in cool after reHe.
ton such would Be forthcoming
Marshal Brown. in his summary {
tie case. 6veit upon the unszisfzctol
evidence that mus needs con
through sn Interpreter and this VI
undoubtedly the case OF the hesitation
ard rather painful testimony On Il