The Hawaiian gazette., 1907-01-25
DOES
NOVEL STUNT

was put on the witness stand In Judge
Robinson's court yesterday afternoon
by Attorney Breckons as a witness for
the defense OF the sixty-eight gamblers.
whom he is prosecuting on the part of
the Territory. After the direct examI-
nation by Breckons. the Deputy Attor-
ney General had the privilege OF cross
examining himself. asking himself
questions and then answering them,
having to argue on occasions the per-
tinency Of the interrogations he was
making Of himself. AS witness for
the defense he was failure. the CROSS
examination giving him chance OF
telling the court of the barricaded ma
ture of the gambling joint, the door OF
which resisted the efforts of the Sher-
in to open 1t with an axe and a piece
OF lumber used as battering ram.
The prosecution closed it's case yes
terday morning, one of the witnesses
being where he could not be found.
This witness was the doorkeeper OF
the Joint, who had had his case nol-
pressed in order that he might turn
states evidence. Later in the trial he
was produced by the defense. having
been cached for the past two days in
the office Of the United States District
Attorney, the counsel for the defense.
On the stand he gave u vastly differ
ent story to that sworn to by him in
an affidavit before the trial. the affida-
Wit being produced In court. When
shown that he was up against II the
witness stated that he had testified
for the defense under pressure, having
been threatened with sudden death
should he assist in securing the convic-
ton of the gamblers.
The principal object of the defense
appeared to be the impeachment of the
prosecutions witnesses. Breckons put
ting on two or three Cinnamon to
swear that the two other Cinnamon
who had acted as informers had poor
reputation among their countrymen as
truth tellers. According to these wit
nesses the informers would do almost
anything but tell the truth. Anoher
witness deposed that he had spent SEX
eral hours on the day of the raid with
the two informers. the three smoking
opium at All Kwai's place and not go
ing near the gambling joint.
This gave the prosecution O chance
to prove someone a liar, putting Mrs.
All Kwai on the stand to show that the
opium smoking witness had never been
in her house at any time. An official
of the Inter-Isand Steamship Com
pany also testified as to the length of
time the witness had been working on
their boats, the company payrolls not
agreeing with the sworn statements of
the witness.
Both sides had concluded their cases
yesterday afternoon, the court adjourn
Ing until this morning in order to give
Breckons time tic consult with his six
ty-eight clients as to the advisability
Of arguing the case before asking for
Judgment. Prosser was willing to sub
nit the matter without argument and
an immediate decision.
JOE CLARK INvoKEs THE CON-
STITUTIoN.
Joe Clark. the proprietor of the Pa
anna dive visited by an investigating
committee Of the grand jury. and an
Indictment for violation of the liq-
Tor law being returned against him as
| result Of the visit. has draped the
lag of the Union around him and APP
)ealed to the Constitution OF the Uni
ed States to protect him against the
,harge of selling booze on Sunday sans
Through his attorney. A.
VI. Watson, he has filed a motion to
luash the Indictment, his grounds be-
ng that the indictment Is unintelligi-
Die and uncertain in its reference to
he act under which 1t Is drawn. The
he says, charges no VIOLA
ion Of the law and the statute under
which 1t is drawn, Chapter 81 Of the
Revised Laws of 1905, is in contraven-
lon OF the Sixth Amendment to the
viz: I'm all criminal pro-
eedings the accused shall enjoy the
light to be informed of the
nature and cause of the accusation"
The motion will be argued before
Judge Robinson on Saturday.
APPEALS FROM DISTRICT COURT.
Four appeals from decisions of Judge
Whitney, of the District Court, were
led In the Circuit Court yesterday,
wo of them being liquor cases, one a
injury matter and the other
dog poisoning case.
Jacintho Miguel, of the Kewalo Sa-
BON, who had been convicted on jan
AIRY IL of selling liquor to a minor
nd soaked to the extent of $3.50 and
osts. wants the decision reversed.
his Is the case worked up by John
iartin, of the Anti-Saloon League,
tho was principal witness at the
olice court trial.
All Choy, who holds forth at the
lag OF all Nations, another Kakaako
aloon, and who had been found guilty
{ the same offense as Miguel. evidence
gainst him having been furnished by
no. Martin and Detective Harry Lake.
fishes a new trial to see II the 500
ne he paid cannot be recovered.
The malicious injury case Is that of
sal, who was convicted on Saturday
st of having chucked rocks through
Ie windows OF the Kakaako residence
Katsura. smashing up some Of Kat
lra's crockery. for which he was sent
yer to the reef for twenty days,
George Markham feels that he was
1t given a square deal in being fined
90 for an alleged poisoning of a couple
pointer pups on Christmas day. He,
o. wants another opportunity OF tell
& just how the thing happened.
TO EJECT SUGAR COMPANY.