The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-25
PROSSER DOES
NOVEL STUNT
Puts Himself Through Severe
Characterization in
Gambling Case.

ddiIlDllIiY OdSc.
!. Deputy Attorney General Prossel
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-
ney General had the privilege of cross
examining himself. asking himself
questions and then answering them,
| having to argue on occasions the per-
making of himself. AS a witness for
| the defense he was a failure, the cross
examination giving him a chance of
| telling the court of the barricaded ma
ture of the gambling joint. the door of
which resisted the efforts of the Sher-
| iff to open it with an axe and a piece
of lumber used as a 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 mol
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 a. 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 it the
witness stated that he had testified
for the defense under pressure, having
been threatened with sudden death
should he assist in securing the conv1c-
ton of the gamblers.
The principal object of the defense
appeared to be the impeachment of the
prosecutors witnesses. Breckons put
| ting on two or three Cinnamon to
swear that the two other Cinnamon
who had acted as informers had a poor
reputation among their countrymen as
truth tellers.e 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 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-Island 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 to consult with his six
ty-eight clients as to the ACCESSIBILITY
of arguing the case before asking for
judgment. Prosser was willing to sub
init the matter without argument and
wanted an immediate decision.
JOE CLARK INvOKES THE CON-
STITUTION.
Joe Clark, the proprietor of the Pa |
lama dive visited by an investigating |
committee of the grand jury, and an
Indictment Ter violation of the liq-
uor law being returned against him as
a result of the visit. has draped the /
flag of the Union around him and ap-
pealed to the Constitution of the Uni |
ted States to protect him against the /
charge of selling booze on Sunday sans |
sandwiches. Through his attorney, A |
NJ. Watson, he has filed a motion to |
quash the indictment. his grounds be-
ing that the Indictment is unintelligi- |
BILE and uncertain in it's reference to
ia of wi ic n Tf1eI
he says, charges no VIOLA
ton of the law and the statute under
which it is drawn, Chapter 81 of the /
Laws of 1905, is in contraven
ton of the Sixth Amendment to the
viz: "In all criminal pro-
ceedings the accused shall enjoy the
right to be informed Of the
nature and cause of the accusation"
The motion will be argued before
Judge Robinson on Saturday.
FROM DISTRICT COURT.
Four appeals from decisions of Judge
Whitney, of the District Court, were
filed in the Circuit Court yesterday,
two of them being liquor cases, one a
malicious injury matter and the other
q dog poisoning case.
Jacintho Miguel, of the Kewalo Sa-
loon, who had been convicted on Jan
uary IL of selling liquor to a minor
and soaked to the extent of $3.50 and
costs, wants the decision reversed.
This is the case worked up by John
Martin, of the Anti-Saloon League,
who was a principal witness at the
police court trial.
All Choy, who holds forth at the
Flag of all Nations, another Kakaako
Saloon, and who had been found guilty
Of the same offense as Miguel, evidence
agafnst him having been furnished by
Jno. Martin and Detective Harry Lake.
wishes a new trial to see if the 800
ine he paid cannot be recovered.
The malicious injury case is that of
Asai, who was convicted on Saturday
asst of having chucked rocks through
the windows of the Kakaako residence
Of Katsura, smashing up some of Kat
sura's crockery, for which he was sent
over to the reef for twenty days.
George Markham feels that he WAS