Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-09-11
THEY GOT SO EACH
And THE LAWYERS DID
MUCH OF The WRANGLING
SIMS RAPID TRANSIT CASE FINAL.
~ COMES TO A cLosE-soTH
SEEM SATISFIED WITH
THE RESULT,

The cases Of w. r. Sims, charged
with using profane language. and that
OF j. Bergin, charged with assault and
battery upon w. Il. Sims. finally came
to an end today, after having been up
in the Police Court great number OF
times. The cases grew out of dis.
agreement between Sims and Bergin
which occurred last month on a Rapid
Transit car of which Bergin is the con.
ductor Bergin claimed that Sims had
used bad language to him, while Sims
claimed that Bergin had assaulted him
without provocation.
Almost Immediately after the case
had been called there was a warm lit.
tie spat between 7. McCants Stewart.
who appeared for Sims, and w. r.
Castle, who appeared in behalf of Der.
gin. Mr.. Castle stated to the Court
that he had endeavored to communi.
cate with Mrs. Lucas, whom he wanted
to appear as q witness, but that he
had been unable to do so. She had
been In consultation with Mr.. Stewart.
Mr.. Stewart Immediately arose to
object. He called 1t a very unfair pro.
ceeding for Mr.. Castle to imply that
he had tried to detain Mrs. Lucas
from appearing as a witness in the
case. He was surprised that a man
of Mr. Castles age and experience
could violate professional ethics In
such manner.
Mr.. Castle stated that he was willing
to substitute the word consultation"
with the words long conversation"
Mr.. Stewart still objected, stating
that there was still an implication. He
further stated that Mrs. Lucas, II she
appeared as a witness, would testify
more to the benefit of Sims than to
that OF Bergin.
The wrangle threatened to continue.
when Judge Wilcox stopped 1t by stat
ing that this conduct appeared to him
like an old women's tea party at which
each wanted the last word.
Mr.. Stewart hastily stated that If so.
Mr.. Castle was certainly the old WON.
an.
Sims was put on the stand again and
questioned by Mr.. Stewart. his eyi.
dence going to show that Bergin had
tried to eject him number OF times
while the car was in motion.
W. r. Castle claimed that while Ber.
gin had certainly hit Sims, he did so
because Sims was In a threatening at.
titude. He pointed to the testimony
Of the motorman.
Mr.. Stewart made long plea, quot.
Ing many authorities on the rights of
q passenger on a street railway.
The testimony of all the witnesses.
with the exception OF Bergin and the
went to show that Sims
did not assume threatening attitude.
The testimony of the motorman and 81
Bergin did not count for much, as they
both were interested parties.
"If Your Honor can't see through the
evidence" Mr.. Stewart ended you
can see through this" He held up the
GOAT which Sims had worn on the day
Of the trouble. and which was torn all
through the back by Bergln.
Judge Wilcox found Sims guilty of
profanity and imposed on him fine of
$40 and costs. He found that Bergin
had acted in an unwarrantable man.
ner, the evidence going to show that
he tried to eject Sims from the car
while 1t was moving. The evidence of
the motorman to the contrary effect.
His Honor did not consider worth
much, as he had evidently noticed a
great deal with his back turned. His
Honor was going to be very careful
when he rode in the car run by that
motorman. He found Rergin guilty
aud fined him $40 and costs.
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