The Pacific commercial advertiser., 1897-07-08
OFFICERS ERROR
Swears Midshipman Kear-
ney Assaulted Policeman.
But the MILDLY Was M lies Away
Complicated Case in
Police Court.

between II and II o'clock Saturday
night, came up for trial in the Police
Court before Judge De La Vergne yes
ing. Marshal Brown appeared for the
prosecution and Attorney Macdonald,
of the firm of Humphreys & Macdon
aid, for the defense. The Admiral was
represented in court by Midshipman
Kearney.
The prosecution placed upon the
stand the officers who were present at
the trouble of Saturday night. They
told of how Kane, the defendant, had
walked up to Kamaka and struck him,
averring that there was no provoca-
tion whatever for his doing so. officer
Logan took the cake. He said he saw
Kane strike Kamaka, and when asked
to identify the man who had done the
hitting, pointed out Midshipman Kear-
ney, who was not on the scene of the
disturbance at any time, but who was
merely present at the proceedings as.
representative of the Admiral. An
amused look passed over the faces of
the mistake, most ludicrous, was rem
dered more so, perhaps, by the fact
that Logan insisted that Midshipman
Kearney was the asailant of Kamaka.
The prosecution rested, and Attorney
Macdonald called up the witnesses for
the defense, Kane taking the stand
first. Defendant testified that not
blow had been struck, and that the
trouble all arose from his pointing out
Officer Kamaka as the man who had
stolen the money out of the pockets of
Williams, the bluejacket of the Phila-
delphia, who was taken out of one of
the saloons on Fort street Saturday
night.
1t will be remembered that a num-
Der of bluejackets from the Philadel-
phia and Marion were in the saloon
on last Saturday night Among them
was Williams, who went into the ante
room, near the bar, and fell asleep.
Two policemen-one Kamaka and the
other Kilinoa-went in and dragged
serted that Kamaka took money out of
Williams pockets. At any rate, Kane
pointed out Kamaka, who was leaning
up against 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 Kamaka and
was arrested. All seemed to think that
one of the officers had taken the money
from Williams.
The interest of the morning was GEN.
tered in the testimony of Williams,
who took the stand. sa1uted, was duly
sworn and then began with his testi-
mony. He said he was in the ante
room and when asked if he was
asleep, answered: "No, not wholly
Just half and half He told of how he
had been dragged out by two officers
one in a black and the other in a
white hat While in the alleyway. lead
ing to a stable next door, one of the
policemen put his hand into his pock
cts and took out S6.25. People began
to collect, and he was let go. Then, |
walking out into the street, he asked
Kane who the man was that stole his
money Kane pointed out Kamaka, and
two policemen, stepping up, arrested
him.
Williams said that when the officers
first grabbed him he did not know that
they were officers, for they had no
badges on, and their hats were those
of private citizens. What "put him on"
were the brass buttons on their coats. |
He was absolutely sure that one of the |
men had taken the money from his
pockets. Some of this was dropped up
on the floor, and Kane picked up a
half dollar.
Attorney Macdonald began his argu-
ment by pointing out the hesitating an
swers given by the witnesses of the |
prosecution, and their attempt to
wards contrasting this state of affairs |
with the most satisfactory and |
answers on the part OF
the witnesses for the defense. He
further stated that the policemen, |
without exception. had falsifed on the
stand. Undoubtedly Kamaka did take
the money out of Williams pockets and |
the policemen had delib-
erately lied to protect Kamaka. At
torney Macdonald then called attention
to what he styled an unfortunate re-
mark on the part of the Marshal. He
referred to manufactured evidence"
and then proceeded to ask if this re-
mark had come from the Marshal on
account of having had experience !
Attorney Macdonald did not get any
further. Marshal Brown jumped up
and objected strenuously, saying that
counsel for defense lied and that that
was exactly what he thought
Judge De La Vergne interrupted,
telling Attorney Macdonald that he
had given him the impression of cast
ing reflection on the prosecution. At
torney Macdonald said that he did not
intend to convey any such IMPRESSION
Judge De La Vergne then addressed
Brown, telling him that if he
uttered such a remark again he should
consider it contempt of court.
Attorney Macdonald, before continu-