Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-04


Up under the guidance Of Attorney
Frank E. Thompson and brought TO
successful climax by the testimony OF
the defendant. Marshall. and the plea
OF Attorney W. G. Mexican.
Readers who followed the trial with
SIven casual interest are doubtless IA
= iniliar with the ordinary points OF
the case and for that reason only the
more salient Cnes. which are believed
to have had a direct bearing on tn"
Jury's verdict Of acquttal are dis
cussed here.
In passing il may be mentioned that
those who watched the trial closely
from day to day in Circuit Judge Rob
inson's court throughout its two
weeks length give all due credit to
CITY and County Attorney John ".
Cathcart for the careful. conscientious
and able manner in which the prose
cution was conducted because OF his
known ability the defense in the Mar
shall trial is the more remarkable.
The testimony that went to the, jury
from both sides indicated clearly the
shooting of Charles r, Guertler by
Marshall at Madam Puahi's hula house
early on Sunday morning. August 10,
1913, was the climax Of drunken
brawl. The witnesses for each side.
while asserting they themselves were
fairly sober, admitted they had drank
heavily during the evening and vowed
that the members OF the other party
were much intoxicated.
AS cleaned by the court room hear
ers. the Incidents of the Saturday
night and early Sunday morning hours
were about as follows:
Marshall and his friend, c. F. Drew
took dinner Saturday evening at
Chinese restaurant on Hotel street,
and little later met Joseph G.. Start,
up, a marine engineer Of the United
States Hghtship Kukui on Fort street
The trio proceeded to the Art Gallery.
or Cunha's saloon. off King street,
where they sat drinking beer and talk
ing for about two hours, until 10
o'clock. Marshall then went to the
Won Hamm-Y Young garage on Alakea
street. obtained car belonging to H:
X. Bishop, for whom he had previ-
ously been working at Waiahole, and
drove around to the Alexander Young
hotel Leaving the car in the street
he went down to get his two COM
panions, to take them cut to Madam
Puahi's place to see a hula dance.
In the meantime, Guertler and his
friend. W. R. Dick, after taking din
ner at the Union Grill, attended "a
irize fight at the Biiou theater. On
the street Immediately after the fight
they met Franls- and Miller and went
down to the Ynupg Hotel bar. where
they we're drinking when Marshaif
appeared r..
Marshall approached cuertler twice
at the bar The talk between them
then was peaceable enough. though
Guertler declined to join Marshall's
party in drink Three-auarters of
an hour later Marshall and his two
friends went out, and drove to the
hula resort at Kapiolani park. Guert-
Ter and his friends remained at the.
Young bar until 1t closed. at 1880,
when Miller got car and the party,
four or Eve strong by that time, drove
cut to the hula house, not knowing
the Marshall party had preceded them.
The early arrivals already had wit
while Drew and Startup had gone out
into the back yard Marshall being
tired and sleepy, had lain down in a
room at one end of the dance hall.
When the Guertler party arrived. the
noise aroused Marshall. He walked
cut and instantly words were ex-
4 changed, a scuffle followed and Mar.
! shall went to the floor Moses Puahi,
husband of the proprietress of the
joint, hurried in, to find Marshall on
the floor with Miller on top and
Guertler and Dick standing over him.
Puahi led Marshall back to the tele.
phone room at the nakai end of the
dance hall, and after a short CONVEX.
sation between Dick and Marshall the
latter left the house; starting his ma,
chine and turning around preparatory
tc leaving.
He went. back to the front door of
the dance hall. however, to get Drew
Dick came out of the hall and again
loud words were heard. drawing
Guertler out He ordered Marshall 10
leave, threading to Spank" him il
he didn't. As Marshall walked away
he called back something. which Ehe
himself testified was:
You'll not spank me-"
Witnesses for the prosecution testi
fled that he said: I'm going 20 get
my gang"
At any rate. Guertler., Dick and
Miller gave chase, pursuing Marshall
to his car. where he jumped in, and
was joined quickly by Startup sanG
sped away toward town. Just al The
car there was another exchange of re
marks, over which there was some
conflicting testimony, but which Mar
shall on the witness stand testified
came from Guertler and was:
"All want you to do is to lake of
your glasses, you dam coward, Yol
know | would't hit YOU with you
glasses on"
Marshall's story of the succeeding
events, as he gave it on direct exam
: ination on the witness stand las
l. week is given below: