The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-08-13
tcontinuea from rase one,.

10 the alley described in the protest.
On enc eecasioa lie was about to make
an arreS; fer drunkenness when a
hack came along and took the drunken
women away.
Then YOU failed to do your duty
by not making an arrest of persons
drunk in public plaee'" asked Com.
missioner Lucas.
II saw no reason why they should
be arrested and taken TO the police
station 70 be hailed out by friends
later and taken home, when they were
being taken home first replied Juen.
1t is part Of the duty of the police
70 use common sense and discretion. I"
Mr.. Mcdonald testified that he had
seen fights in the place; that he had
On one occasion seen two drunken
women come cut OF the back of the
place fighting. He knew the place was
resort for women of the town.
Mcdonald also testified that on one
occasion he saw man who was much
the worse for liquor order drinks which
amounted 10 forty cents. He rendered
dve-dollar gold piece in payment but
did not get any change back. On cross
examination he said that he did not
remain until the man left the saloon.
but that the man did not get any
change back at the time nor during the
/ time that the witness remained in the
place. This witness also testified that
he had seen drunken men in the place.
"Were you ever connected with the
poliee9' asked Lucas.
mo. sir, never have been con
| neetei with the police in any shape
or form since 1 have been here and
that Is twenty-five years. l am not
connected with the Anti-Saloon League
either, except that 1 have come here
as a citizen at their request TO testify
TO what I know. am an American
eitizen.and very proud of it,
''Do you ever take drink your
selfln asked Lucas.
eyes, sir, do replied Mcdonald
81 am getting old and when I fee
1 want a drink I take one, perhaps
three or four times day."
Sheriff Iaukea testified:
Some little while after assuming
I Office. Kiley's was ocs of the places
reported to me as being disorderly-a
sort of Rough House. as they called
it I went there one Saturday night
after midnight. l drove there in a
hack-drove into the Hotel street en-
trance and drove clear back I was
there about twenty minutes. I saw s
number of women and girls going il
and coming out the worse for liquor
There was q good deal of disorder and
noise, climbing of glasses. swearing.
did not see anything requiring an ar
rest. But I did see enough to con
vince me that the place was being rur
: in a loose and disorderly way"
WAS this place under more careful
police surveillance than others?" asked
the chairman.
Yes" replied the Sheriff, at was
1t was regarded as necessary. Tht
police were Instructed in this case Il
keep watch on the place as they
passed on their beat"
Was Kiley's place any worse thar
the other booze joints around town,
! oil 70 rt-irh he 60 r1s
brush?' asked Lucas.
No, can't say that it is any worse
than other places of the same class"
Did you ever visit any other place:
: in hack to see what was going on?'
asked Mr.. Campbell.
Yes, I visited one or two places II
Iwilei. I went to Joe Clark's place
later the same night, but it was CLOSED
up. Kiley's was the only place wher,
saw women coming out and goins
in at that hour
Mr.. Dickey said that Mr.. Lutted had
made protest at the time of thu
hearing on the previous application
and perhaps he would like to be heard
at this time. Taking the witnes.
stand, ]. Oswald Lutted testified tina
; his personal acquaintance with Kilel
, was very limited, and he had nevel
had any trouble with him. But from
his place of business across the stree
he had frequently seen men come ou
5 of the place drunk and sit down 81
the curb and go to sleep or swear ant
use low and violent language. H
had heard noises of fighting and quar-
reling very often, and especially OF
: Saturday nights. He had never beer
in the place that he knew of. He hat
been told by employees of his place VIII
remained later at night than he re
manned, that there was often much dis
, order and fighting.
In concluding the presentation of hi
testimony, Mr.. Dickey read from tn
, transcript of Kiley's own testimony be
fore Judge Whitney on a hearing 70
an assault alleged to have taken plac
in Kiley's saloon. Dickey said he di,
not read it to prove Kiley guilty of tn
assault but merely because it was tn
defendants own description of tn
character Of the place he kept and o
what went on there. In this testi
, mony Kiley testified to the presence O
drunken men in his place and of
:, violent fight that took place, and hi
: statement that the "Hawaiians Away
tried to rough it when they were 1
the majority"
In conclusion Mr.. Dickey argued tina
| while If mas unite fr11e that <KiIay Ia