The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-05-26
VISITORS
WHO DRANK
No Evidence of
Passing Of
Money.
Trom Mondays Daily.)


urday morning waited with expectancy
until the cases against Mrs. Frank
Turk and Miss Mabel Lyle were called
by Deputy Sheriff Chillingworth. 1t
was mixed gathering of men, and the
two women defendants, with their at
torney, A. s. Humphreys, were the
center of attraction, as they sat near
the witness box. High Sheriff Brown
arrived in the courtroom shortly after
Mr.. Chillingworth called the cases, and
conducted the prosecution when the
Deputy was called as a witness to the
First Circuit Court.
Owing to the absence of three men,
bers of the House Of Representatives.
who had been summoned by the prose-
cution as witnesses, who were alleged
to have remained away on the ground
of their exemption from summary pro-
cesses, the prosecution asked that the
case be continued until May go, when
the three members may be free from
their obligations as legislators. This
application was made when the case
was half finished. and Judge Dickey
granted the motion, on the ground
that the defense had secured a con-
tinuance on the first appearance, about
The complaint in the case stated that
the defendants were charged with
keeping a disorderly house, in that
they sold spirituous liquors without a
license. Several witnesses were called,
and although some conceded that they
had drunk liquor at Mrs. Turks place.
they claimed that they had paid no
money for the same, but that Mrs.
Turk had acted as hostess and did the
treating, although one witness testified
that he "helped himself to liquor
which he found there, and that the
liquor was champagne.
DEMURS TO COMPLAINT.
Attorney Humphreys at the outset
demurred to the complaint. THE first
ground of demurrer" said he, Inter
posed in behalf of these defendants, is
that the complaint is based on infor-
nation and belief. AS to the ground
of the demurrer, 1 might say it is we'll
settled by the authorities that infor-
nation alone in a criminal action,
must be upon some direct averment of
the charge. and not merely upon infor-
nation and belief, and this is made SIM
ply as matter of gossip and hearsay.
In some jurisdictions they go SO far as
to hold that an injunction could not be
issued upon an allegation of informa-
ton and belief. Otherwise in this
case, the prosecution should file affida-
Wits of direct knowledge. If these de-
PENDANTS are required to plead to this
complaint, they will do so in contra
vention to the sixth amendment to the
Constitution. This indictment is vague,
in that 1t does not specify when
liquor was sold. 1t simply charges that
liquor was sold within one month past.
THE other charge Is that they are
guilty of keeping a disorderly house. in
that they are keeping a place for the
sale of spurious liquors without IL
cense. The information does not fol-
low the language of the statute, and
even considering that spirituous liquors
may be construed as intoxicating
liquors, there is no definite charge as
to when these defendants sold it, or to
whom
Judge Dickey promptly overruled the
demurrer, and a plea of not guilty was
entered by the attorney for the women.
The prosecution then called as it's first
witness. Willie Roth. At this juncture,
Humphreys objected to the language of
the subpoena, in which the word. "Con-
stable" appears, alleging that such an
officer has not been known in the
Islands for a long period, and he char
acterized the return of A. Mossmann,
police officer, to be without a proper
description of himself as an officer to
serve the police summons. The objec-
ton was overruled. Roth did not re-
spond and Dan Vida was called.
do you know Mrs. Turk" inquired
the Deputy. 1T do
Have you ever been at Mrs. Turks
house?" mo"
you know where the house is?"
Eyes, in the old Schmidt place"
you have never been at her house,"
mo. sir"
TOOK VISITORS THERE.
Michael e. sylvia, driver of an auto
mobile hack, was called.
ION the 10Th of May did you see these
defendants?"
IT was asked to take person
there"
Did you have any Intoxicating liquor
while there?"
YES"
What was. it?" Wine"
who gave it to you?" II got it in
the house."
who gave it to you?" Mrs. Turk
and Miss Lyle were there"
What kind of wine was it." ut was
champagne"
did you drink any OF that wine?"
'I certainly did,"
How much did you have?" 81
don't know, l didn't measure it.
had more than one glass"
did you see any other liquor there?"
Yes, whiskey."
Where did you see this whiskey?"
I'm a bottle"
I'm Mrs. Turks placer" Yes, the
champagne was given me by Mrs.
Turk"
Had you been at Mrs. Turks place
before?" Yes, on Tuesday night of
the same week. I had champagne at
that time, 1t was given to me by one
of the two ladies there"
who was there at that timer" II
am not at liberty to give the gentle