The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-01-27
RO4HENBERG IS
NOW ON THE
RACK
Defendants now Taking Chances
WithJudge Wilcox who Woo
ed Fortune Through the
Little Louisiana,

The session in Judge 'Wilcox's court
this morning was quite acrimonious.
The occasion was the trial of Joaquin
Silva charged with assisting in main
tanning and conducting the Little
Louisiana Lottery of San Francisco.
Charles Creighton, one of the attor-
neys for the defense, and Deputy High
Sheriff ChillingwOrth were the partici
pants. The deputy conducted the pros
ecution while in addition to Creighton,
Silva was represented by A. G.. Correa,
while T. l. Dillon and j. A. Magoon of
counsel for j. Rothenberg were also
present to lend aid to Silva's defense.
w. c. Vida Of the police department
was the first witness for the prosecu-
ton. He took the stand at $3.50 a. nj.
and up to 10:40 a. m. had been allowed
to answer about two dozen questions.
The rest of the session was occupied
with arguments by Chreighton and
Chillingworth on objections by Creigh-
ton.
Vida related the the circumstances
of meeting the defendant in the rear
of the California Saloon on January
"a and there purchasing $50 worth Of
lottery tickets from him. Deputy Sher-
iff Chlliingworth, Chester Doyle and
another man had entered after the
purchase; Silva had been arrested and
the tickets taken by the Deputy Sher-
iff. Creighton objected to the defend
ant testifying to the nature of the
tickets. If the tickets had any value
as evidence they should be introduced
and be allowed to speak for themsel-
YES Whatever idea that the witness
might have gained from reading them
was not the best evidence, the tickets
themselves were the best. This Cbjec-
tion was overruled and subsequently
the tickets We're introduced.
Creighton then sprang another OBJ
lection based on one of the United
States Supreme Court decisions in the
matter of an appeal on a writ of error
where the defendant had been convict
ed of selling Louisiana Lottery Tickets.
The syllabus of this opinion No. 164,
page 676 recited that it was no crinie
for person to have in his possession
lottery tickets for a lottery that had
already been drawn. Such tickets were
void. Creighton pointed out that the
defendant had been charged with aid
ing and assisting in maintaining lott
terry On January "a when as a matter
of fact the tickets offered in evidence
were for drawing that was held jan
uary p, two days before the tickets
were sold to Vida, and the tickets must
therefore be void as the drawing had
already been held.
THAT opinion is of some length" re-
piled tne court. Il guess you did not
read all of it. The court has and the
court oVerrules your objection"
"And oVerrules the highest tribunal
in the iand?" added Creighton.
whats that?" inquired the court.
"Weu 1 have Known of Supreme Courts
especially the Supreme Court here to
stultify themselves on more occa-
sion than once"
Creighton renewed his objection
against the defendant trying to explain
what ne thought the tickets to be for.
If the tickets were worth anything as
evidence they should be submitted as
evidence and be allowed to speak for
thems elves. The court overruled this
LCIn., tInl,nd nr, na na RWRl