The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-01
JOY WENT
FREE.
Judge Wilcox Said
Evidence Was.
Lacking.
MILKMAN PAID
$50 AND COSTS
Pacheco Watere d His Product and
Was Punished---PoIice
News.

ana COTS Oh tne lliFee-corHeTeQ assault
case arising out of rough house" in
the drill shed a week ago.
The first case heard was that of Bar
ney Joy, charged with assault and bat
terry on F. Witte. Attorney Chillingworth
for the defense asked that two addition
al charges against his client of assault
and battery on F. Bechert and A. Lung
gren be punched with the Witte Incl
dent. arguing that the three cases were
to all intents and purposes identical.
His Honor decided in favor of three
heat affair, saying: ''All 1 know about
the matter is that some one told me that
Mr. Joy had knocked out a whole regi
ment on hearing which 1 said to my
informant, hold, enough"
F. Witte said that all that he remem-
bered of the fracas was that he got one
on the jaw and went out. He allowed
that he was pretty full at the time.
Full of what?' asked the Judge,
"poi?''
Beer replied complainant.
Were you so drunk that you didn't
know what was going on around you?"
Il guess SO; 1 was all right in the
company room, but when 1 got outside
the fresh air overcame me-"
Did you see defendant strike your
81 felt him.
Can you swear before God that it
was the defendant who struck your
'I wouldn't like to swear"
National Guardsman Gumphers was
the next witness. He said that he saw
Witte come out of Company AS room
and get punched by Joy. He didn't
know the reason why. He was ten yards
away when he saw the blow struck. He
saw no beer about.
Janitor Franz, who chases the spiders
in the drill shed, said that there was a
row in Company AS room and that when
Witte emerged from the room mob OF
about twenty persons rushed after him
and some one knocked him senseless. He
didn't see who struck the blow.
Attorney Chillingworth here thirsted
for more information about the beer sup
ply and asked Franz how much beer
was in the shed.
Each company had ten gallons" was
the answer; five kegs suficed for the
needs of about sixty men,"
1.-THE divergence of the testimony is
nothing short of marvellous said the de-
Tending attorney. FRANZ is very evil
IDENTIFY telling the truth, but Gumphers,
who neither saw, drank nor did any
thing, appears to be some sort of prize
package The whole affair was a rough
and tumble and caused by beer and
probably individual freshness. 1 move
that Mr. Joy be discharged.
Judge Wilcox, who seemed staggered
by the phenomenal gamut of the testi-
mony. discharged Joy, remarking as he
did so: '.To secure a conviction the
prosecution must adduce testimony that
reasoning people can believe
A Lunggren, whose face looked like
a woodpecker-haun telegraph pole,
was the next injured innocent. His YER
sion of the unpleasantness was that he
and others were playing cards in Conn
pany AS room when a racket outside
forced them to quit. AS soon as he
got out of the room Joy knocked him
down and out. He had partaken of but
two glasses of beer and was sober. He
heard some one say, That's one of
Them and after that everything was a
blank He was of the opinion that he
was hit by mistake for some one else.
There was general scrapping match
going on all over the shed.
Janitor Franz said that he did not see
anything for the simple reason that
Lunggren's alleged assault took place
outside the building.
Gumphers next did another veracity
speciality which made the prosecution
writhe in agony. He said he saw no
trouble whatever with the exception that
just as soon as Lunggren got outside
the room Joy hit him.
Attorney Chillingworth said that Gum
piers testimony put him in reminis-
cent mood and he never remembered
having heard anything to equal it. 1t
was unique and supernatural.
Judge Wilcox said that IT looked very
much as if there had been a high jinks
and that Joy had been selected as the
scapegoat for some trouble which had
got dove-tailed into the festivities. He
turned Joy loose.
Deputy Sheriff Chillingworth, seeing
that his end of it bumped just little
Bit" heaved a sigh and said that he
had no burning desire to prosecute the
remaining case.
Manuel F. Pacheco, milk adultera-
tor with reputation. was in trouble
again for watering the stock"
Food Commissioner Shorey testified
that an analysis of defendants milk
showed it contained Is per cent of added
water.
II. Myhre, the official milk inspector,
said that when the sample was taken
part of II was placed in a bottle, sealed
and returned to defendant
w. II. Smith testified that Pacheco hsd
4
past two years, and said that he had no
complaint to make on the score of quail
ity, adding that personally he never used
milk nor interfered with the running Of
his households culinary affairs.
Attorney De Bolt, who defended, sug-
gested that the milk might have been
sold for the use of cats and dogs and
was not intended for family consumption.
Facheco swore that he had put no wa
ter IN the milk. He explained its pres
ence there by stating that one of his
cows had calved four days prior to the
taxing Of the sample. He admitted that
ne mad been convicted on a similar
charge twice before and had been fined
SIS and $50. He said that he was going
out of business owing to competition and
frequent fines. The reason he Put wa
ter in the milk the first time was that
some one had told him it would keep 1t
from going sour and he wanted to try
the experiment. No one kicked about
it, he told the Court.