Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-01-20
BIRBE GUILTY OF PROFANITY
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said the witness, had left the booth
not long after ) o'clock and did not re.
turn until about in the evening. Dur.
ing the progress of the counting of tie
ballots Birbe took several five. and
ten.minute recesses. Witness was
present in the booth as watcher.
When they had first gone to the booth
early in the day. they were refused al
mittance and so went to Registrar OF
Elections Buckland for special per
nit, securing the desired document
and being finally admitted.
Some discussion arose as to ballots
alleged by Birbe to have been illegally
marked and Fernandez did not agree
with Birbe. Birbe said the ballots had
been marked for Identification. Fer
nandez declared the alleged mark.
were made In printing. Birbe. accord
ing to witness. called witness a bat
name.
Fernandez testified that Birbe dab
bed ink on ballots with his fingers.
Attorneys for defense objected &c
this evidence as not material and II
was ruled out by the Court.
Fernandez. detailing the converse
ton. referred to marks made on bal
lot by Birbe with his thumb.
"What else was said in this CONVEX
satiOn?" asked Andrews
Conversation with his thumb -
asked Chillingworth.
with his thumb" echoed Douthiti
on the alert with objections.
Birbe's thumb was ruled out.
On cross.examination Fernandez
said he had been called before tho
grand jury to testify in the case and
the defendant had been indicted
Juror James Mott Jr. asked witness
a string of questions. How long wcrr
the recesses taken by Birbe during the
counting? Five or ten minutes. said
Fernandez. Did witness give any pro
vocation for the alleged epithet? No
Did witness know anything of an cf.
fort to overturn the booth between .
and 10 O'Clock? Witness knew moth
ing definite.
But you knew of it," asked Douth
lit. Andrews objected; objection sus
tanned.
Douthitt said he wanted to get the
record straight in the event of an ap
peal to the Supreme Court
Frank Harvey, Benjamin Kaneiha
lua and George Lucas were the onl,
other witnesses called by the prosecu
ton. Each said he had heard Ptrbt
call Fernandez the indecent name al
legged.
Defense put on Deputy High Sheriff
Charles Chillingworth, Geo. Scot,
Wright of the Police Department, lieu
tenant Of Mounted Patrol Samuel Les
lie and W. T. Rawlins. all of whom
said they had not heard Birbe use til,
language alleged. Rawllns declared
he was present in the booth all tina,
evening. .'...
Rawlins testified that he sat on the
ballot boxes during the recesses taker
by Birbe. He remembered Birbe pass
ing compliment to John Wise. PEG
pie outside the booth were yelling tc
pull the house down and talking about
thrashing the folks inside. A mount
ed patrolman charged the crowd.
8. +. Chlllingworth, addressing the
jury, said the alleged epithet was USED
as a term of endearment among many
young men in the city. He thought
the whole thing was a tempest In q
teapot and related a funny stor.
which brought laughter from the jui.
box.
Andrews wound up In relation to tn,
law being enforced and the public pro
tected from the use of bad language
asking for a verdict of guilty.
At 1920 the instructions of tn,
Court had been given and the jury re
tired, returning at ~: 80 with a verde
Of not guilty.
During the trial, noticing Attorne.
I. McCants Stewart, sitting In thu
courtroom, Judge Robinson asked
Mr.. Stewart was a witness or other
wise interested in the cSse. Mr.. Stew
art answered that he was In no wa.
interested, II he had been interested
he said, he would have gone about tn
case in different manner.
Attorney General Andrews remark
ed that Mr. Stewart was an interests
auditor. Stewart added, to Andrews
that he meant no reflection on tn
prosecution, remarking that he woul
have prosecuted under violation of tn
election laws.
The case was much discussed In tn
Hobbies, considerable remark being OF
casioned by the small number OF wi