The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-15
WILCOX DOES TIE SANE.
DECIDES wAIALUA CASE LIKE
JUDGE MAHAULU.
Judge Stanley Charges Police officers
with UNDERGRADUATES in the
Tales They Told.

with ury-Discrepencies in the
Tales They Told.
The Waialua liquor case which the
high sheriff did not want to try before
! Judge Mahaulu was dismissed this
morning by Judge, Wilcox meeting no
better fate than the other case that was
| thrown out of court by the Waialua
| Judge. All Chez was declared not guilty
| of selling liquor without a license,
though the judge made a side remark
intimating that there was little moral
doubt that the defendant had been SELL
! ing liquor.
The police plot to catch All Chez APP
peared to fall to pieces on account of
the inaccuracies of memory of officers
Maitland and Kelly, who were severely
scored by Judge Stanley in his argu-
ment for the defendant.
Stanley charged that Kelly had com
mitted perjury and had manufactured
evidence to try and convict the China
man. Kelly and Maitland had made up
| a scheme to buy some drinks from An
Chez and then arrest him. They testi-
! fed to buying the liquor, but with some
queer variations in the accounts.
officer Maitland told the court how he
gave the Chinaman two dollars, one
American and one Hawaiian, for gin,
and then Kelly took the stand and re-
lated how he, and not Maitland, paid
over the cash for the drinks. Both Of
ficers were full of details about how
! they had each done the paying. In de-
Gliding the case Judge Wilcox referred
| to the discrepancies i'm the stories of the
two officers who put up the job on All
Chez.
The case was like the one which
Judge Mahaulu dismissed at Waialua.
calling upon his head the wrath of
i,-l, the
police department was done up by lts
witnesses.
Officer John Kelly distinguished him
self yesterday morning in the Dlstrlct
! Court He was under cross eXamina-
ton by ex-Judge Stanley. in the All Hee
liquor case, and he made record as
an Irishman that has never been sur
passed in the local courts For an hour
Stanley wrestled with the witness,
many times appealing to the court TO
instruct Kelly to answer, but 1t was no
use. Kelly had an armOr of innocence
mat no Judge could penetrate with con-
tempt fines, and he left the court with
a proud step when Stanley quit and sat
down to wipe his perspiring brow.
The following are some samples of the
dialogue between the witness ana the
attorney:
Were you in the buggy that drove
in to All Chee's place.
Il got out"
Then you were in?'
WAS / in when ] got out, is that II!
1.-THE question is, were you IN the
buggy that drove in from the hotel TO
the defendants store.
"The buggy didn't drive in the store
at all. 1t stopped on the sidewalk
WAS it tied up?'
NO, the buggy was tied to the horse
and the horse was tied
DO YOU pass by the court house on
the way from the hotel?
you can pass it or not, just as you
wish"
But is it on the way?"
CTS on the way from some directions
and not on the way from others.
The matter of passing the court house
was settled and then the lawyer wanted
TO know about meeting with captain
Fox, lust after Kelly and officer Malt
land had secured some gin from the de-
PENDANT. -.
was it accidentally or by design that
you met FoX?
well, it wasn't ACCIDENTALLY
was it by design?
.Vven no, YOU couldn't say It, was
exactly design, from an individual point
of view, but it might have been speak
ing in general way. -. Att. ,,,os
too much for him but it was the pest
Kelly had. The difference between the
meanings of didn't" and "wouldn
next received attention. The witness
had testified on direct examination that
a Chinese wouldn't" give nm any
Iiouor. To Stanley he said the man
simply didn't" and that 1t was al
the same. The lawyer thought other-
wise. s,o ord
Won didn't I could say you wouldn't.
Couldn't 70" said Kelly with a snort OF
Indignation at the lawyers eXplaha a
tions. and Stanley stopped trying 10
bring out the difference.
twas Captain Fox in the p"Ss q
alon9side?" ,,+
"He might have been inside ar out
and alongside and in it too"
could he see what was going on IN
He'd have had to have a long N-fay'
unless he was peaking through
crack" 80, 90 tn
duire into the personal history OIL tne
witness, as if to straighten md GEoiIS
out. 1t was as bad as ever. helly
seemed only to know what might nave
"How long have you been in this
The witness didn't know, didn't know
"about" how long, knew nothing apou S
If at all. till he suddenly remembered
ho,lins landed in Boston in 1880 That
vas "this country" he said in answer
TO a kick, and Stanley had to peglh
over again, with questions about Ha-
Kelly told all about buying some IL
= ouor from All Chez under direct eN-
Elimination. Under ross-eNamlhalioh liz
told what might have been.
LONDON HAS PLAGUE.