The Hawaiian gazette., 1915-10-15
TRIAL
STILL IN TUMBLE
Dissension Seems To Be Develop
ing In Prosecution of
Scuily-ChiIton Case

William p. FcnncII, Jerome !. Smiddy,
John II. Fischer, j. b. Kramer and
Fred r. Nugent followed each other
yesterday as witnesses for the Terri
tory in the Seully Chiffon conspiracy
case now on trial before Jury in
Judge Ashford = court The trial will
be resumed at nine clock this morn
ing.
McBride's motion that Fennell's ties.
timony be stricken from the record
was denied by Judge Ashford. A SINH
lar fate met the motion made yester.
day by Mcbride in regard to the tes-
timony given by Fischer.
That Fennell and Fischer "fell
down" In their testimony was the
opinion Of many around the judiciary
building yesterday. Their testimony
was expected to he different, Il was
claimed. There is dissension, also in
the camp of the prosecution, it was
learned yesterday. Deputy City Attor.
ney Garden Is reported to have made a
definite decision that he, and not any
particular witness, however interested,
will conduct the case One witness
was told, according to this infUrma
ton, to "keep his hands" Off in re.
gard to the conduct of the case.
Kramer q disappointment
1t Is understood that Kramer's tes.l
timony given yesterday was a disap-
pointment TO the prosecution and that
Kramer's story to the jury was alto
gether different to that he had told
when he was examined in the city at
torney's office.
Fischer told yesterday that he had
not been detained on the trip around
the island by any one and that he
could have left the bunch earlier had
the automobile not broke down. There is
"a mystery, it is claimed, to this
breaking dow" of the machine.
Fischer was asked if it had not beel
at his request that Chiffon had decided
to make the trip around the island in
stead Of returning to Honolulu by way
of the Pail. Hefdcnied this, as he also
denied that he had offered to "treat"
the meals at the Haleiwa Hotel.
Credit Was Not Good
81 had only two or three dollars with
me-" he said, "and we were six, all
told
"Your credit was probably good at
the Rotel," Mcbride INTERCEPTED.
"No, | don't think So" Fischer re.
piled. "D6h t Know ANYBODY over
there"
The prosecution claims that the plen.
tiful beer and as plentiful sandwiches
were provided from ScuIly's Waikiki
Inn. The defense seems to hold to the
theory that the edibles were prepared
by Mrs. Chiffon.
Marshal Smiddy, in regard to a put.
ported conversation in which ScunS
is said to have claimed that he was
ready to "cough up" what he knew
about the alleged conspiracy, said
that he did not think that what Scullv
had said was meant in the nature
of confession and that Scully had
stuck to the view that it would not
be proper for him to answer any ques
tons unless he had the permission Of
the city attorney.
Kramer said that, because it was
getting dark, he and Fischer had at
first objected to going around the isl
and, He had been sent on the dove.
poachers hunting trip by the elder
Duke Kahanomoku, then a captain Of
police.
Argument With Wire
Fischer claimed that he had an ar.
rangement with his wife in the matter
of tcIephoning from the other side Of
the island. Fcnnell was to keep in
touch with Mrs. Fischer and, througn
her, Fischer would keep FenneII posted
as to the progress of the Waimanalo
dove -poach"rs' hunting trip. This was
to show up tho extent of the so-calIed
conspiracy, which was calculated to
keep Fischer from the meeting of the
license commissioners, where he had
important testimony to give as to con
ditions at Scully's Waikiki Inn.