The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-01-07
GIRLS TESTIMONY
GREAT SURPRISE
Man Who Is Arrested Upon Her
First Story Set Free
by Second.

Reversing on the witness stand in
the police court yesterday morning the
story she had formerly constantly re-
peated to w. d. Lymer, attorney of the
Citizens Protection Committee, Isabel
McGiffen yesterday put that entire or
gcnization into pickle" which re-
suited in its losing the rst three cases
brought by it against men accused of
lascivious conduct with women and
girls.
! The defendant. Sylvester Marks, after
being discharged by Judge Monsarrat
on the first two charges, had his third
ease mol pressed by the disgusted spe
cial prosecuting attorney, and was turn
! ed loose, free man.
| The girl testified in the first case to
! the effect that the story she had told
| Lvmer ut her own home was not the
! truth; that in reality, while fully dress.
I ed, she had whistled for Marks to come
to her window, where they talked for a
while, when he went away.
! Victoria Kaimana, her companion,
was then put on the stand and almost
| fatty contradicted Isabel story. The
two girls share the same room and Vic.
! toria testified that thew had both pre-
pared for bed before Marks had come.
She herself was already asleep and
woke up Just before Marks went away.
She did not wake up in time, she said,
to see the alleged actions of Marks
upon which the prosecution based one
of its charges.
Then the case dwindled down to an
idiotic point of definition and the de.
Tense won out. Under the vagrancy
statute Lvmer had charged Marks with
being unlawfulv "'in or upon house y
TO use the exact words of the law. c.
=. Chillingworth who defended. insist.
ed that for Marks TO have disobeyed
this law, he must either have been
"in' the house or "upon" the roof.
Lymer laughed pointed out that he
had clearly established the fact that
Marks had been clinging to n window
eight feet from the ground and said hi
would offer no objection if the judge
cared to consider Mr.. ChillingwOrth I
medieval squirt at the law. However
the Judge leaned toward the Chilling
worth view.
} Tn the second case the testimony O
the father about Marks presence upol
the premises was too uncertain, am
| Monsarrat again discharged him Tha
left the prosecutor without leg Il
9 stand on in the third case. which wa
: for lascivious conduct. as his principa
Q witness had gone back on him, and h
$ mol pressed it.
McGiffen stated on the stand that tn
n girl was not his own daughter, but tina
r when member of the National Guar
+ and on plague duty during the las
G great epidemic, he found her as littl
n tot, her mother having died from tn
4 disease, and had adopted her.
owe went into court with as ope
and shut ease as anv lawyer coul
wish to handle'' said Mr.. Lvmer We.
terdav. "We lost out simply hecaus
the girl attempted to shield Marks an
reversed her story and the Judge ACCEPT
ed it, Notwithstanding the fact that til
other girls story was in direct contri
diction. As I explained to the court j
= my opening address. it was but cas-
. of attempting to shield the girl frol
herself and we win continue to do i
/ think it is absolutely necessary [
send her to the reform school to kee
her away from Marks, and steps will /
e taken toward this end
II Thomas McGiffen was one of IL
y angriest men in the courtroom yeste
= day morning when his adopted daugI
E. ter reversed her story. He threatene
le to have her sent to the reform scho
20 at once.