The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-01
CHILLED BY
THE JUDGE
Torrid Censure by
Wilcox for Three
Offenders.

One OF the most scathing and sense
tional judgments ever given in a Dis
! trict Magistrates court of Honolulu
was that delivered orally yes.eJ'iay al
ternoon by Judge Wilcox in passin
sentence of four months Imprisonment
at hard labor on B. Hartman, y. c
Campion and Ben Gallagher. for as
sauit and battery on Kawahi, an old
! dignifed looking native from the coun
try districts OF Kauai. Kawahi is
made a stunning appearance on tn
streets OF honolulu for the past weel
or so.
The offense with which the three mel
were charged is that of mutilating tn
old mans gloves, destroying his head
gear, half drowning him with minera
water from a siphon, setting fire t
his clothes with ffrecrackers. and last
~, Hartman is said 10 have taken thu
old mans purse containing s53 auC
keeping both. All the incidents oc
Cured in two Hotel street saloons ant
were Witnessed By several people
among them being barkeeper named
Disney, a recent arrival here, who was
directly charged by Judge Wilcox with
having little regard for the truth. While
the judge was castigating them the de-
PENDANTS flushed and paled alternately
as they were being grilled on the
judicial tosater. Each was allowed his
freedom on appeal by putting up bail
in the sum of 5000.
Judge Wilcox evidently had his mind
made up when the prosecution and de-
49, Il
rectly to the point. He said:
II don't need much argument from
either of you gentlemen, for ! have the
evidence addueed before me. 1 don't
think there are any extenuating cir
cumstances in favor of Gallagher. as
pointed out by the prosecution, for I
think he was as guilty as the others.
If man stands up and lets a black
guard injure an old native with mis-
cradle, low-lived, dirty tricks, without
making an attempt 10 stop him, he is
as guilty as the others. and in this
case the evidence shows that Gallagher
laughed and clapped his hands and
egged the others on. This case takes
the cake. I can hardly believe my eyes
when 1 see before me three white men
guilty of such an offense. Their skins
cover up dirty carcasses. There was
not a single gentleman in the crowd.
1t is the most scurvy trick to set fire
10 this old mans clothes that 1 have
heard of in years. They also robbed
him of his money. Disney, the bar
keeper in saloon, and a man who is
supposed to protect his customers, says
he has only been here a few weeks, but
he does not seem to have learned 10
tell the truth at any time. His resi-
dence in Hawaii has not taught him
how to be truthful. / believe he was
an untruthful witness.
II sentence each of you . four
months imprisonment at nard labor.
/ suppose you viii appeal this case to
the Circuit Court, and I hope you do
for I want them to hear a case like
this. / will require bail in the sum of
$500 each.''
When the judge had finished, every
eye in the room was directed toward
the three convicted men. Disney also
came in for his share and he soon made
his way out of the court room. Just
before the judge passed sentence Dis
ney was on the stand and told a story
which seemed to differ Materially from
what he had told Deputy Sheriff Chill
lingworth on Thursday morning last,
and the officer challenged him to deny
Disney did The material points of
we're that on the stand Dis
ney said that the old native came into
his saloon with broken umbrella in
his bands, while the deputy said that
2r Thursday morning Disney stated to
him in the presence of several wit
nesses that the umbrella was sticking
pat of the old mans coat collar. There
we're also other differences and the
deputy and Disney had a spirited wordy
set-to for few minutes. The deputy
vas so wrought up over the contra
fictory statements that 1t was with
that he made his closing ar
but he scathingly denounced
Disney.
On Wednesday afternoon Hawaii
'aid he met the three men and accom- |
Ianied them to a saloon. They joked |
With him, and he met them half way. |
lot understanding what they said, for
he speaks only the Hawaiian language. |
Then he found that they were playing |
lorse" with him. They jostled him |
rom one to the other and tried to |
make a monkey of him. He went out |
o get shaved and left some of his be-
ongings behind, and when he returned |
ound they had cut his gloves, torn
rs hat and one OF them was breaking
rs umbrella. Then matters went from
ad to worse. He said that Hartman
COX his purse from his vest pocket. He
i'd not make an outcry at the time.
oping 10 ''pacify" the man and the
est until they saw fit. to return him
is money. They continually treated
i'm with indignity.
Il am only a countryman and don't
now city ways, and did not know what
0 do" said he. THE man behind the
ar was just as bad as the rest, for
q laughed. Then they took my UNI
re3la and showed it down my back and
aid looked better that way. Finally
ne of them (and he pointed at Hart
lan) got some flrecrackers and but
hem on my back and lighted them.
hey burned by clothes and then vet
.e with mineral water from a syphon
hen l ran across the street 10 the lei
land and asked what I should do. My
iothes were almost burned off me"
The policeman took the old native 20
he station thinking he was demented.