The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-09-27
LONG SERVICE OFFICIALS THE INCIDENT IS CLOSED
AYREs AND TESLA IN THE POLICE
COURT.
Judge Wilcox Finds Testa not Guilty of
ARRAY and Ayres Could not Be Guilty
Alone.

The Ayres-Testa cases were all
thrown out of court this morning. The
profanity charges were not tried, but
the cases of affray went far enough TO
put the court in possession of the facts
as seen by the witnesses for the prose-
cution. Then Judge Wilcox rendered a
Solomon-like decision that ended the
litigation.
Attorney Creighton moved the dismis
sal of Testa on the ground that he had
not committed an affray, but had only
defended himself from the wrath of
Ayres.
The judge agreed with the lawyer and
went him one better. 1t takes two men
to commit an affray. 1t Testa was in
nocent Ayres must be guiltless too.
Therefore both defendants were dis
charged.
THE statute says that an affray is a
fight of two or more persons on pub
lie street" said the judge. "It is clear
from the testimony that Mr.. Testa only
defended himself and l don't thing he
is guilty of affray.
1T is equally clear from the statute
that one man can't commit an ARRAY.
Therefore have to discharge both the
defendants" The judge made motion
as If to throw the whole controversy out
of court, while Testa's attorney was
heard to remark in undertones that
Testa did. Deputy Sheriff Chillingworth
rose to ask for a nolle PROSE- in each of
the profanity cases. and "the incident
was closed"
The evidence for the prosecution, as
given by ]. McInerny, Franz Kruger,
Eugene Sullivan and George Desha,
showed that the two defendants had en-
gagged in what the first witness called a
"fistic encounter" on Fort street last
Friday or Saturday.
No one but Desha saw the beginning
He declared that he was talking politics
to Testa, all unconscious of approaching
trouble, when suddenly fist appeared
between him and Testa's face, giving
the Democratic legislative candidate a
heavy swat over the eye. There was
another blow before Testa realized the
situation and then Testa made for the
other man, and there was a wrestling
match.
1t was at this stage of the proceedings
that the other witnesses saw what was
going on. They observed that Testa
had Ayres in his arms and that Ayres
was prodding Testa, until three or four
men dragged them apart. Then Ayres
| started up the street, but on second
| thought he returned and gave an en-
core very much like the first perfor-
nance.
The Deputy Sheriff thought that both
| fighting in public place. He suggested
that Testa ought to have run away
rather than fold Ayres in his strong
| embrace
The Judge was of the opinion that
| Testa had perfect right to doubt his
ability to outrun AyTes, and this gave
him a right to choose his own way of
scrapping. If he thought he could win
more points by closing in that was his
| privilege said tha Judge ...
| Ayres protested against the motion to
dismiss Testa. He had some witnesses,
he declared, and would like to present
| his side of the case.f But when the
Judge gave his decision that the dismis-
sal of Testa necessarily put an end to
| both cases, Ayres smiled a broad smile
! and shook hands with himself because
his enemy had employed a lawyer.
| The courtroom was full of witnesses
in the profanity case. Each complain
| ing witness declared himself ready to
show that the other had made the air
sizzle with eloquent expressions such as
should not be uttered on the street, but
the police came to Judge Wilcox's res
| cue with a nolle PROSE-.