The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-06-07
TURK AND DEN|S IN COURT
GIVEN THE BENEFIT OF THE
DOUBT.
And Are Discharged-The Courts Re-
marks Amount to a Moral Verdict Of
Guilty-A Reluctant Witness.

battery on Thomas Butler, alleged 10
have been committed in the Anchor sa-
loon a week ago Monday night. Judge
Wilcox, after hearing the evidence,
said that there was an evident disincli-
nation on the part of some of the wit
nesses to tell exactly what did occur.
He didn't wonder that any man who
had in him any of the spirit of fair play
should hate to tell about such a dis
graceful affair. But the defendants
were entitled to the benefit of the doubt
and he was obliged to discharge them.
John Butler, the man who got the
beating, was the first witness called,
when the case came up. He Is the man
who could not be found when the police
wanted his testimony yesterday. He
was found yesterday afternoon after
good deal of search. Buffers testimony
was brief He told of having had a
fight with one Brannan, a sailor, in the
Anchor saloon last Monday evening
and said he had been badly used up.
1t appeared that there had been quite
a lively time in the saloon on that even
ing but according to all testimony But
Ter was more than half seas over, and
his evidence was not very clear. He
had been knocked down three times
and given a black eye.
Sailor Brannan, the next Witness
had a very evident desire not to hurt
the sensitive feelings of Lewis q Turk.
He said he had had a little slapping
match" with Butler, mot to hurt"
With a good deal of effort the marshal
extracted an admission that when
things got warm the slaps changed to
punches, though Brannan was dOso-
lutely certain that it was with a slap
with his open palm and not with his
fist that he had blacked Buffers eye.
II only struck him once with my fist
and then 1 missed" said the sailor. He
q n INIT fnh hnf EQYsara
or twice.
Lewis and Turk were both there, the
witness stated, and he also said there
would not have been any fight 1t all If
they had not been there. II knew hey
wanted me to give him a punch" said
Brannan, because Lewis said why
don't you give him a punch in the
stomach and lay him out?" Later
the witness said that it was Turk who
offered this amiable suggestion.
Ofhcer Lambert testified that Lewis
and Turk cleared the floor of the sa-
loon to make room for Brannan and
Butler to fight and that once when
Butler was knocked down Lewis went,
picked him up and stood him in front
OF Brannap to be knocked down again.
At the end of the fight Butler, who was
drunk all the time. while Brannan was
sober, was so badly used up that he
could not fight any more. However, he
| was able to get to the bar for drink
! IN few moments.
Thomas Carpenter, who was in the
place during the fight was not sure of
anything but that it was a very mild
affair.
Bob Carise, the bartender, said that
IL was nothing but playful "scrapping, "
but as both men were under the influ-
ence or liquor, he feared it hight get
rough and so had stopped it after
Butler had been knocked down twice.
Lewis, sailor from the Mauna Ala,
confirmed Carlisles opinion and ac-
count of the matter.
The next witness, James Reilly, had
seen the fight and thought that Butler
was getting the worst of it, He saw
Lewis make dash at Butler and got
mold of Lewis to hold keep him back.
Lewis shook the witness loose and fold
MN the affair was none of his business.
| Reilly was bit shaky as to lust whv
ne wanted to hold Lewis back at ali.
though he admitted that his idea was
TO protect Brannan. The fight was
eIlueu py the barkeeper coming out and
saying it had gone far enough.
| oscar Lewis proved rather the most
picturesque witness in the case.
Me and Mr. Turk was in there" he
Sald with couple of others Mr.
jackson and another sailor lad. We was
stahulns up at the bar drinking, when
IN comes Butler. He talked somethinp
ABOUT wanting to go two rounds with
Brennan, but to tell you the truth un-
der oath, Marshal, l couldn't Just saw
What he did say, for l didn't pay any
attention to 1t. Butler and Brennan
went at 1t, boxing with the open hand
Butler went down to the floor, but
Inlnk they both went down together
1heh they got up and went at it again
ana Brennan Knocked Butler down.
a F1f fn coz
steps in and picks Butler up and BOZ
comes around from behind the bar and
takes hold of Brennan and stops the
nght. That's all l had to do with II. in
fact | don't know all that did happen
because | wasn't paying any attention. y
Then you didn't urge Brennan to dc
Butler up?" asked Marshal Brown.
No; why that Butler is a poor imbe.
cile that I've given two bits to many q
time for him to get something to eat.
You didn't have it in for him be-
cause he deserted after you had shipped
MN, and swan ashore from the Bah.
cock?"
why, I've taken him ashore, Mar.
shal, several times after I've shipped
MIN because he's an imbecile, and mas
ters don't care much for him. He goe.
crazy In the fo'ksle. He didn't swim
ashore from the Babcock: he was sen
ashore in boat, three or four DAYS be
fore the BabcOck sailed"
You didn't have it in for him becaus,
he came down to you at a saloon {
little while before this and asked yot
for a quarter?"
why, Marshal, that was before sup
per time, about four or half-past, ant
this happened after seven. He's always
bothering me, If he sees me i'm conVer
sation anywhere he comes right up anC
chips in. He'll tell you himself, If he't
speak the truth, that I've helped hin
many time"
you consider this matter at the An
chor saloon a very trivial matter, don
you? There wasn't any roughness, al
though Butler was knocked down twic
and had his eye blacked?"
Buffers face was puffed up with liz
uor, and a slap of the hand would shoy
black as easy as a blow with the fist
But as for roughness, no; there WASH
anything of that caliber. Why, whel
Bob stopped the fight, Butler and Bren
CONTINUED en- page five)