The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-15

After a deiIDeratlOn Oh ABOUT Hail Oh
hour yesterday, the jury found Charles
F. Chillingworth not guilty of eXtor-
ton in the second degree, for which he
had been indicted and tried. The Of
Tense was alleged to have been COM
nitted in September last, when Chill
lingworth was Deputy High Sheriff, by
the extorting of SIS from a japanese
man named Tajiro Sumida. Part of
the case was that a Japanese woman,
arrested with the man in house at
Pauahi and Smith streets, had also
been made to pay Chillingwortf1 money
$40 in her case-to save herself from
being taken to the police station.
Chillingworth's defense was not a
denial of taking the money, but
showing that it was taken as bail and
turned in at the police station.
Judge Lindsay, former District Mag
istrate; Harry Murray, High Sheriff S
clerk; Jack KaIakiela, receiving sta
ton clerk; Chester Doyle, former po-
lice detective and now 'criminologist
of the Attorney Generals department;
A NJ Brown High Sheriff at the time
in question; A. McDuffie, police detec-
tive and the defendant himself were
all called in support of the defense
mentioned.
The evidence of the officials in gen
eral went to show that it was custom
arv for officers to collect bail at the
places of arrest and enter real or f1c-
titious names of persons arrested in the
station record, depositing the bail col
lected but not bringing the persons to
the station for Identification or any
other purpose. Judge Lindsay stated
the usual amounts of fines for the Of
lenses with which the persons from
whom ChilIingworth had exacted bail
were charged-that is, accepting the
theory of the defense that the names
on the station record stood for the per
sons arrested by Chillingworth and
McDufie on a certain raid. The
judges figures correspondent to the
alleged bail levies.
A. NJ. Brown gave anything but
strong backing to the proposition that
such custom of collecting bail outside
was lawful business. Mr.. Peters, in
addressing the jury, made special
point of the limit Brown set to the
theory.
There were just three circumstances,
according to Brown, when the releas-
ing of prisoners On bail without taking
them to the station would be regular,
namely: 1. When it would save a good
deal of trouble and expense. 2. If a
reputable citizen was arrested and
rendered bail. 8. If a warrant was
served on a person sick in bed.
None of these conditions fitted the
case at bar.
McDuffie, under direct examination,
told of raid Chillingworth and he
made on houses at Pauahi and Smith
streets. He identified a female witness
for the prosecution as one of the pair
he arrested and he said the bail col
lected was turned in at the station.
Under cross examination he told of his
career ever since he left school, be-
ginning with his Honolulu police en-
ployment and going back. After work
ing on Cotton Bros. & Co.'S dredge at
81 a day he went on the force at a
salary of $50 a month. Promoted to a
detectives position he was raised to
$135 a month. When the retrenchment
policy of Governor Carter went into
effect he was cut down to 800 month,
but High Sheriff Brown allowed him
s25 additional for expenses. Prior to
his Honolulu experience he worked for
the Standard Oil Co. in San Francisco
about seven and a half years, except
ing a period of over a year latterly in
the United States service in the Philip
pines. Before working for the Stand
ard Oil Co. he had served an appren-
ticeship of three years at harness
making
F. E. Thompson, attorney for the de-
PENDANT, stated that the defense would
be submitted to the jury on the courts
instructions without argument.
E. c. Peters, Deputy Attorney Gen
eral did not let the Territory's case
go so easy At the outset he urged
upon the jury that it was not a case
where the prosecution had to construct
and support a theory. There was
straight evidence of the offense charg-
witnesses for the defense He depre-
Gated the prevalence of an atmosphere
in the courtroom indicative of a belief
that those prosecutions for graft in
the police department last year were
a farce
"A condition of affairs is shown by
the evidence which is a foundati of
graft. of extortion and OF corruption"
the Deputy Attorney General thunder
ed
Mr.. Peters drew a vivid picture of the
condition thus asserted. showing how
unlimited was the opportunity open to
such IAN able detective as McDuffie,''
who had the great ability ito detect a
crowd in front of an icecream stand"
for levying graft without stint. 1t was
a condition of Slide, McDuffie. slide
with the bail"
That perjured evidence" Mr. Peters
exclaimed as he thumped the open page
or the station house record containing
the entries of fictitious names of those
from whom bail was said to have been