The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-01-08
Physician Charged With Perform
ing Criminal Operation Faces
Jury h Judge heen's Court
COURT ROOM CROWDED ~,
WHEN BATTLE BEGINS
Hearing Reaches Temporary I'm
passe When Attorneys For
Defense Attack indictment
Who Is the mani

Hayes went to trial in the circuit court
before Judge William H. Heen on a
charge Of having performed a criminal
'operatioR While b, the hearing itself
reached an impasse in the nature of q
technical point Of law, delaying further
hearing for day, striking develop.
ments marked the proceedings -.
4 The happenings Of yesterday before
Judge Heen have narrowed the whole
matter down 10 point where now but
a single factor remains to be presented.
\ Public interest as manifested by open
expressions heard on all sides in and
about the eourt Is not concerned parti-
cularly with the defendant, in the case,
or with what may happen to him. What
the public wants TO know is Who is is
the mani . tr
| Before a 'roomful OF spectators, avid
and curious, the name Of an unfortu.
mate young woman was read when the
case was presented and her name was
banded back and forth in the legal
fencing Of the lawyers when the twelve
jurors were being chosen. ,2,"SfEf
One Factor Missing ~ se.a
The name Of the physician who faces
the charge has again been brought un.
der the public eye. The identity Of the
girl who Is regarded az the essential
witness has been given. The third fac
tor remains undisclosed. 1t was the
question on al lips and in all eyes in
the court room yesterday. ,Haa9, T.,
"Who is the mani" This is the
question that they asked. rNl1
, How public interest in the case has
grown was evidenced when case opened.
Not for many months has such y crowd
packed % Cont. room In Honolulu. All
Of the seats' IN the room were filled
early and when the ease started OF its
least interesting phase, the selection of
sthel tutors, groups. ct spectators lined
the walls and stood grouped near the
! leptrance. a3Sst ( an :. "a. -. IT,
There were many county and city
and federal officials in the assehtjlage.
Probably there wus mot q public build.
ing in the city that did not have its
: presentatiyepr there. Professional
! men from their offices, doctors and
! lawyers, and men from their stores
Il found time to attend the trial There
: We're only two women present, the wife
of the defendant and woman com.
panion, who brayed the ordeal,
ATTORNEYS In Case d. III.
In the clash over the selection of
Jurors both sides exhausted their chal.
lenges Andrews and :, Pittman and
Leon NJ. Strauss are defending the
. physician. Reports that City Attorney
A. NJ. Brown would have q part in the
proceedings proved to be, unfounded.
He was not in the court room. The
lprosecutipn Is being conducted by Dep,
rty Attorney General Cornell 8. Frank,
lin. : 'C....
The panel Of twelve as finally chosen
e is composed of Z. @. Gonsalycs, J.. Y.
Pernapdez,' H. B, Bailey, Ignaz on, c.
E. FrGsber. Christian Evensen, job
Bachelor, P. j., o'SulIiyan, c, V. Won
s Hummelstein, 'Ululani F. Lemon, Philip
I Chang and @. d. Center. =.
;. =. The opening gun of the defense was
the motion which halted the hearing
until nine o'clock this morning. The
attack was directed at the Indictment
$ itself. oontending that this document
b returned several weeks ago by the
I grand jury, failed TO make specific
charge, DIR, Hayes attorneys asked the
! court to order the jury to return yer
J.. dict of not guilty. The jury was ex
G eused from the room while the motion
q was argued, - ~
q Aug 0JhIuvo
s The Territorial statute defining tbs
|. crime with, which the physician il
O charged Is peculiar In some ,respects. II
}, isra short law of but ten lines, Section
o 4162 of the Revised Statutes, and il
4 covers two phases of the otfense of per
.. forming a criminal operation. Briefly
4 the law holds that, one guilty of per
!. forming such an operation after life Of
~ the unborn child Is well developed shall
r he punished by a fine not exceeding
$1,000 and imprisonment at hard labo
d not more than five years, The othe1
y phase of the law is that one who per
q forms an operation Of the kind befor,
Is life and movement is DEVELOPED in thu
% unborn child shall pay fine of no
(, over $500 and be imprisoned at hare
4 labor not more than two years.
The motion to terminate the case 4
. based ON the contention that the in
y dietment, WHICH does not follow tn,
y wording. of the statute textually, bu
y makes the general charge, is not spe
:, eific. Attorneys Pittman and An
. not definitely specify that the accused
= lesser offense of the statute and tina
~ NhVtoipie ho 70 wv "iVhout uoilh'V
charge to answer. :
. Answering this, contention Deput,
~ Attorney General Franklin argued tina
70 the form Of the indictment as drawn i
: valid and that in making the genera
charge 1t may be. taken as UNDERSTOOD
y that, the lesser offeuse is designated
since the greater is not set forth spe
officially, ~.
Following the oral arguments on tn
motion the court took a recess of thirt
"A minutes, after which the jury wa
brought back and excused until hin
[, clock this morning. Yesterday after
in noou Judge Heen heard Further argu
b. mcnt and considered law references i
al chambers. II il expected he will rul
re on the motion when the case is called
II the motion is sustained IL will tel