Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-06-22
:SCULLY-CHILTON
CHARGE MUST Be
ANSWERED soon
slack in Another Mesh Of
LaW-Supreme Court Hands
Down Decision on Noted
Case Relating to Alleged
Suppression of Evidence Be-
fore License Commission
and Involving Cycle Officer

john T. Scully is involved in an
either mesh Of the law and by a de-
cision handed down by the supreme
court today he must answer another
charge before the bar OF Justice. With
hin in this accountability is Motor
cycle Officer Willmot r. Chiffon and
John r, Fischer, an attendant at the
moTgHe. eAs~ z,ss> e.
Scully, Chiffon and Fischer were in
dicted by the territorial grand jury In
October, 1914, for alleged conspiracy
to suppress important evidence that
was to have been given before the
liquor license commission in the pre-
vfcus June. The history Of the case
goes back more than year. At that
time the conduct of Waikiki Inn was
about to be probed by the license CON-
mission. Fischer was alleged to have
damaging evidence against the lun,
which Scully was running. -.
Fischer was to have given evidence
before the license commission but
when the hearing was called, he did
not appear. Later it was alleged that
he was spirited away" from Honolulu
and kept away while the hearing was
on.
The grand jury indicted Scully, Chill
ton and Fischer on three counts, the
jurors evidently holding that Fischer
had some completely to answer for.
On behalf of Scully and Chiffon a
fight against the indictments was
made. Scully's counsel filed motion
to quash the indictment upon the
ground that the grand jury was not
properly drawn ChlIton's counsel filed
a demurrer to the indictment which
may be summarized as follows: 49,.
That tie indictment d1d not state
facts sufficient TO constitute crime
and that the indictment did not allege
facts constituting cause of action.
This he upheld by arguing that the
liquor license commission is not
board constituted to administer JUS
tice and that obstruction of proceed
ings heIore the board therefore would
not constitute obstruction of the
course of justice. To the motion to
quash the Indictment the city and
county attorney entered demurrer.
In its decision today the supreme
court, with Justice Watson dissenting
in part, declares that the demurrer to
the indictment should he overruled.
that the city attorneys demurrer TO
the motion to quash should be sus.
tanned and that the motion to quash
should be oyerrlIled ~. ...~.>. -
This is regarded as signal victory
for the prosecution. The decision is
based on broad grounds. Ii holds the
is sufficient and, in general,
that the course of justice should not
be barred by the technical objections
set forth in the motion to quash and
the demurrer. Ii also significantly up
holds the broad meaning Of the word
proceeding" to include an application
pending before the license board. The
application Of the Waikiki Inn was
pending at the time of the alleged sup
preston of evidence. Fl f.. f.s
Il is now believed that the truth
will &c learned about the stories which
alleged that Fischer was induced TO
visit the windward side of Oahu for
the purpose CT tracking some reported
poachers. and that Chiffon played
prominent part in leading Fischer on
and in keeping him out of Honolulu
while the license commission was hold
ing its hearing Fischer was said to
have been given $50. which constituted
the basis Of the Indictment
.... 1900