The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-18
4 LEGAL
WRADGLE
ChiIIingWorth, Bit
ting and Correa
Collide.
FINISH OF THE
EVICTION CASE
Judge Wilcox Scores All Con
cerned and Fines Them SIS
and Costs.

In the District Court yesterday, II. G.
silva, ]. 5. Azervedo, NJ l. Silva, J. NJ.
Camara. Jr., Frank de Sa. Manuel MI
mes. Charles Creighton and John Gouveia.
charged with assault and battery on J.
NJ Lemos, were fined s25 and costs each.
Attorneys Biting and Correa appeared
for the defense. The case was lively
from start to finish. and bristled with
objections. Tits between the judge and
prosecution. and Messrs. Biting and
Correa were frequent, and at times re-
marks both heated and uncomplimentary
were exchanged.
The case arose out of the alleged forci-
BILE ejectment of complainant from
lodging house situated in Kakaako a
mortgage had been foreclosed in favor of
Azervedo. who. with the other defend
ants. went in band to take possession
Lemos demanded that the intruders show
him their authority. This they did not
do, and Lemos alleges that he was forci-
bly, elected.
Lemos was the first witness put on the
stand by the prosecution. AS soon as Bit
ting saw him he began to object
u override the objection" said the
judge. You'll waste more time by Oh
jecting than by letting him answer"
Attorney Correa introduced the next
speciality. During the examination of
witness he conversed with the interpreter
medately after. Correa sat back in his
chair and gazing at the deputy sheriff,
commenced to grumble.
| Then Chillingworth called him down,
/ and told him he ought to know better.
After that the magistrate administered
another rebuke and told him very plain
! ~ that if he persisted in intvrrupting the
! Court he must take the consequences.
| Lemos testified that last Friday after
noon defendants came to his place and
| told him TO get out. He asked to see the
law, and Creighton hit him in the chest.
saying that he was the law. He refused
| to leave the premises, and Messrs. NJ. 1.
! Silva, Camara, Azervedo and Gouveia,
morally assisted by the other defendants.
took hold of him and forcibly elected
him. After which his goods and chatteIs
were deposited on the sidewalk Two 9TH
er witnesses for the prosecution told
/ practically the same story.
! Creighton, Officer Stewart and NJ. G.
! Silva testified for the defense. They de-
MED that force had been used on I1emos
| He went out peaceably on demand, SO
| they said. An attempt was made to show
| that NJ. G.. Silva and his colleagues had
a right to the property. No actual evil
dence to this effect was adduced, how
! ever.
During Chillingworths argument he
had occasion to again refer to Mr.. Bit
ting, whom he said had made statements
about him in court which he would not
dare TO do in the road. The attorney
turned several different colors, but re-
Trained from throwing the ink-pot at the
athletic deputy.
This is a case of gross assault" said
Judge Wilcox. in summing up. land the
throwing of cOmplaiuants goods into the
street borders on highway robbery.
The law directs how persons shall
proceed in matters of this kind. The
police officer present when this trouble
took place had no business there except
to preserve the peace. Not even the high
sheriff would have any right in such
matter. much less an ordinary police Off
Ger. The policeman advised the old man,
Lemos, to give up the place in order that
there might be peace. That was wrong
A great many people have a mistaken
idea about going to a policeman for eve
rything. If there IS a dead mule in the
harbor, II Is get A policeman to remove
it The time when this kind of thing
was In vogue has passed by. We have
become Americanized. and We must fol-
low the law closely. 1 think that this
has been a h!gh-handed proceeding. If
the complaining witness had been on the
premises with firearms, or If the people
who went there To dispossess him had
been armed. there might have been
oloodshed- This kind of thing must be
stopped. am surprised that so many
attorneys have been mixed up in this
thing and have given wrong advice.
fine you all SIS and costs apiece
We note an appeal" said Biting
Go ahead" said the Judge; there's
always room for an appeal"