The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-27
NOT GUILTY FOR
HUMPING AYRES
Colonel Johnson Discharged by
Magistrate in Referee
Assault Case.

Colonel Sam Johnson was formally
declared not guilty of having commit
ted assault and battery on Herbert M.
Ayres, the editor and proprietor of The
Referee, the cause celebre having an
airing before Judge Whitney yesterday
afternoon. Ayres was the star witness
for himself and johnson was the sole
witness for the defense. He had three
lawyers to defend him. however,
against one for the prosecution. None
of the witnesses denied that there had
been a fight. although Ayres claimed
that 1t was massacre in the night and
Johnson described it as a running en-
gagement with The Referee editor in
front. There was a large crowd In
court to hear the particulars and some
of the evidence seemed TO tickle q lot
OF the spectators.
Ayres described the battle. He said
that he was asleep In chair in The
Referee Office when johnson came In,
the first knowledge he had of the pres
ence of any invader being a summons
to wake up and then an invitation to
take that. That proved to be a right
on the Jaw, which was followed by a,
right and left. one on the temple and
the other on the cheek. AS a result of
the blows he was stunned and felled
to the floor.
What did you say to Mr.. Johnson"
asked Prosecuting Attorney Thompson.
II didn't say anything, / didn't have
| time" answered Ayres. After I was
down he kicked me couple of times"
What do you mean by a couple OF
times?"
''Oh, he gave me a couple of parting
kicks before he left, one here and one
here" and The Referee editor gently
indicated couple of spots, one back
of the shoulder and the other on the
leg.
On cross-examination Ayers admitted
that he was 81 years old, weighed $50
pounds, although not much of an ath-
lete. He said that he had been a prin-
cipal in couple of prize fights. one
at Camp Mckinley ana the other at
Shanghai.
Frank Thompson. who led the trio
of lawyers for the defense, explained
that he wanted to show the court how
"a weak. puny. little fellow, about that
high" and he held his hand some thir-
ty inches off the floor, could knock
an athlete senseess with one blow
Ayres stated that he had been sick
all week and was unable to defend
himself He denied having any CONVEX
sation with Johnson prior to the as
sault.
Stuart Dunbar, the proprietor of
IT., was called but knew nothing OF
the ARRAY. Examining him gave At
torney Thompson an opportunity of
roasting Ayres. The first Dunbar had
seen of Ayres after the assault was at
half past four, two hours after the oc-
currence.
"Other persons who have been scan
dalized by The Referee may have been
in and given him the licking that he
SO richly deserved" said Thompson in
moving to have all the evidence strick-
en- out. There was no need of evidence
to show the condition of Ayres' beaten
face, as Ayres had given that evidence
himself He has offered his jaw in
evidence, which has been in evidence
for some time. He has put his fore
head in evidence and his mouth in evf-
dence"
Colonel Johnson gave his side of the
affair from the start, explaining that
he had been first aggrieved at certain
articles appearing in The Referee in
which his name was mentioned. These
articles connected him in a scurrilous
way with certain young lady, whose
name he refused to bring into the case
and with whom he was not personally
acquainted. The article made refer
ence to the Edmunds' Act also.
On request Ayres had retracted these
retraction, which led to him going to
The Referee office on Saturday last.
Ayers was. wide awake when he en-
tered and spoke to him. In explana-
ton of the latest article in his paper
he told Johnson that he could take it
any way he wanted to.
He reached over to pick up a weight
off his DESK continued Johnson
Thinking that he was going to strike
me with it I hit him. / don't know
how often hit him before we clinched
Then he went down and refused to get
up. He was perfectly conscious for he
answered when I spoke to him and
when / turned he got up and picked
up chair. Then I went at him again
and he went to the corner of the room
and stood with his face to the wall
and held his hands over his face.
went down the stairs quietly and slow
ly."
An objection was made to a copy af
The Referee going in in evidence with
a black ring around the Palolo story
which Andrade confessed entire ignor-
ance Of but which he viewed as i'm
proper evidence nevertheless. He ask
ed Johnson what particular objection
he had to The Referee article, which
had been dubbed scurrilous, but the
only answer the defendant gave was
that he could see an awful lot in that
article" At different stages of the
trial there were clashes between An
drade on the one side and Thompson,
Rawlins and Douthitt on the other.
In summing up Thompson handled
Ayres without gloves, calling him a
lone hundred and eighty pound hobo"
and stating that the difference between