Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-02-16
VERDICT ON ONE WORD

Judge Robinson yesterday afternoon
directed jury to return u verdict Of
mot guilty" in the case OF the Terri.
tory against Kamoa. alleged lascivious
, behavior. This was the result of Q
motion made by Attorney Clarence w
Ashford for the defense. The manner
of the termination OF the hearing was
somewhat sudden and, to many, unex.
pected.
Deputy Attorney General w. s.
Fleming had charge Of the prosecu.
tion and had piled up considerable ev.
idence. The prosecutrix, young
Hawaiian girl Of thirteen years, her
grandmother and Deputy Sheriff
Charles Chillingworth had taken the
stand and the prosecution rested, when
Ashford moved for a directed verdict
on the ground that the evidence had
failed to sustain the allegation In the
indictment.
Judge Robinson excused the Jurors
until argument on the motion was
heard. Ashford had two arrows to his
bow. The first ground presented was
that the indictment, after specifying
the act alleged, stated that defendant
had thereby been guilty of lascivious
behavior contrary to the section which.
like charity, covers a multitude OF
sins; whereas, even granting defend.
ant to be guilty of the act specified,
proof of his guilt as regards that one
act would not 90 to show that he was
guilty of lascivious behavior, since
behavior, according to authorities on
'diction, Is a word that contemplates a
course Of action" and not a single
act; a man, for example, might use
coarse language In public place on
one occasion and he might be prose
cuted for the commission of that par
ticular act, under the proper section,
but he could not well be charged with
improper behavior" on account OF
that one act. Men of the most exem,
plary behavior" sometimes used
"cuss" words. And so Ashford argued
at length along this line. Fleming
took the opposite view. Dictionaries
and encyclopedias were requisitioned
from the library and Judge Robinson
and counsel consulted definitions OF
the word behavior, Judge Robinson
finally allowing the motion for direct
ed verdict on the genealogical ground
Ashford's second ground was to the
effect that the alleged offense was an
anatomical impossibility. Judge Rob.
/ inson stated that he would not consid
er the second ground as having merit.
Ashford signified that the granting
Of his motion was all he could wish
for, even II his prayer was answered
on but one Of the grounds presented,
1T was a good thing the Judge di.
rected u.s." remarked a Juror after the
trial, that Is, Of course, unless evi.
dence had been brought In to disprove
what the prosecution made SO clear
The Standard Dictionary defines
behavior as follows: Manner Of
conducting oneself, whether good OF
bad, especially in the external rela
tions Of life; demeanor; department;
manners; also, personal conduct, OF
the course Of action to or toward 9TH
ers".
The course of action" definition
was the hook upon which Ashford
hung his successful motion.
Says the late Charles John Smith,
NJ. A., Oxford, in his dictionary of syn
onymous words behaviour Ito spell
the word with an "u" is the English
of iD refers to all those actions which
are often to the observation of others
as well as those which are specifically
directed to others. A mans demean'