The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-07-29
THEY cot WHAT WAS
COMING THEIR WAY
MCFadden and Heine Tried,
Roasted and Fined for
Assault.

my blWool nome was uueQ nv ana
costs for assault and battery on H. NJ.
A yres, and Jack McFadden was assessed
$40 and costs, the maximum penalty, on
a 'charge Of using profane and vulgar
language, preferred by II. NJ, Ayres.
In sentencing McFadden, Judge An
irade treated him TO one of the warmest
roasts that has ever been handed out in
the district court and which made he
recipient turn pale beneath his rudy
skin.
GAS to you, MeFadden, " said the
judge, "from what We said to you on
the four previous occasions on which
you appeared before me, didn t think
that you d ever give me occasion to
have me talk to you in this room again.
You have done So however, and ! must
say that l am astounded / warn you
to be most careful of your conduct in
the future, young man, otherwise a long
term on the reef is in store for you. AS
it is L sentence you to maximum pen
atty which the law provides for the of
Tense: fine of twenty dollars and costs,
The courtroom was crowded when
Prosecuting officer Milverton called the
two cases jointly Attorney C. F. Chill
lingworth appeared for both defendants
II. NJ. Ayres testified that about 9:15
o 'clock on the night of election day he
met j. 7. Silva, proprietor of the Pan
theon Saloon at the corner of Hotel and
Bethel streets. Silva accused Ayres OF
having voted without being registered
and at Silva's request repaired tC
the latter's saloon to look at !
list of registered voters in Ayres pre-
cinet, the first of the fourth. A glass
of beer was enjoyed in the saloon, then
McFadden came up to Ayres and taunt
ed him with having voted for prohib
ton. Ayres admitted the soft impeach
ment, whereupon McFadden flung al
offensive epithet at him. Ayres sale
that he wanted none of that kind OF
talk from McFadden. and the latter ap
piled another vile term to Ayres whC
then struck McF'adden in the face, fol
lowing up the blow with several others
While the ARRAY was in progress Heine
coming to McFadden s rescue, attacked
Ayres from the rear and the two forced
him into a small room in the saloon
The battle was waged there for a couple
of minutes until Police Officer Kamau
CHA, hearing the racket from the street
rushed through the crowd in the salooI
and separated the men. Ayres testified
that an hour earlier, while passing thu
Pantheon saloon, McFadden had stopped
him and twitted him about the way HI
voted. According to the witness no at
tempt was made to stop the fight b.
either Silva or his bartender, eXcep
once when McFadden was getting thu
worst of it.
Scotty Weston, bartender at the Pan
theon, like the famous monkey trio
neither heard nor said anything. FL,
didn't hear McFadden use any bad Ian
guage, but he was quite sure that Ayre
struck McFadden first. He didn't re
member seeing Heine strike Ayres. Ill
admitted, however, that McFadden wa
ioshing Ayres about the way he voted
J. r. Silva couldn't say whether Nc
Fadden used bad language to Ayres o
not; he tried hard to remember but wit
no result. He stated that McFadde1
was Raging Ayres about the way h
voted and that the latter struck McFad
den several times also that Heine but
ted in and assaulted Ayres without an,
provocation whatever. He tried to SCI
arate the men but was unsuccessful.
Tommy Lane swore that Ayres GO
hot because McFadden joshed him ahou
prohibition. He didn't hear any ba
/ language applied to Ayres except 70
moor simple -" He saw Heine a
sault Avres. Witness denied that h
was a prizefghter and stated that
was working for living. Afterwar
he blushingly admitted that he did
little of everything.
Police Officer David Kamauoha state
that he heard the racket while he We
in the street and rushed into the saloo
and separated the men. When he g
Inside the small room there was roug
5 and tumble going on with McFaddC
and Heine on the aggressive and Ayr
protecting his face. He separated Il
l men and asked Ayres if he should tai
him away as he had reason to thin
! that he might be jumped by a gan
when he emerged from the room. Ayr
f replied that he would go out by himse
and did so.
Elwood Heine testified to havir
l heard no bad language on the part
' McFadden except that he called him .
! poor innocent -" He said that
e went to the latter's help because
' was getting the worst of it, He adm
4 ted having struck Ayres several time
He said that he was a professional ru
n Der. He denied being a barroom loaf
d or a pork and bean pugilist. When as
g ed by the court whom he had been ru
d bling he stated he had been rubbil
q Charles Bartlett to "get him in con-
e ton
Jack McFadden bore witness that
playfully remarked TO Ayres that
was a nice one TO vote for prohibit
and that thereupon Ayres waxsd excee
! ing wroth With the expression of
|, pink cherub he denied having used I
!, offensive language attributed to him
|, the complaint, aud said further that
= WASH t in the habit of making such L
- ladv1ika ramarks sO there now lie q