The Hawaiian gazette., 1918-08-16
PROSECUT|ONRESTS
IN SP|LLNER TRIAL
WouldR't Serve Against Germany,
Would Shoot His Supetior In
Back, Is Testimony Given

lne lGlnl III tnp 1e0Bfal court Oh CnNT.
les Spillner, a former luna Of the Oahu
Sugar Company, who is charged with
u violation of the Espionage, Act. The
prosecution concluded its testimony by
noon and the evidence for the defense
is to be heard this morning. ..,
The defendant throughout the trial
yesterday morning had the bearing of
a detected man. As his attorney, Lor.
rim Andrews, tailed, time after time
to cheek the giving Of evidence through
rulings Of the court, that night zorro.
bOrate the charge that Spillher had
attempted to create insubOr nihatiOn In
the national guard, the defendant sunk
farther into his seat, his eyes seldom
leaving n spot before him. -,
At the opening Of the court he first
evincPd some interest in the proceed.
ings, eying each of the government
Witnesses aS called, apparently calm,
except for u slight indication! Of ner.
vousness shown by the silent, methodi.
cal twisting of his hat around upon his
knees. as he held it between his hands.
1t was after Judge Horace Vaughan
had ruled that Louis Limo shonld be
permitted to testify regarding remarks
made by Spillner on April 10, 1917,
four days after America entered the
war, tLat Spillner's detection seem to
become the greatest.
Wouldl t Fight Germany
Limo testified Spillner said then he
would never serve against Germany,
and that il he was ever forced to do
30 he shoot his superior in the back
before he would shoot across at the
German soldiers.
Attorney Andrews protested hotly
that this was evidence of something
Act became law, and therefore was not
permissible testimony. Judge Vaug.
han ruled, in effect, that Il might be
given as showing the point Of view
held then, which might be taken as an
indication of the motive cRusing him
TO make his subsequent alleged asser.
tiOns regarding the national guard for
which he is on trial. ..-.
This ruling showed the freeness from
narrow legal confines which the court
is permitted in Espionage cases, and
must have depressed the hopes Of the
defense, rs indicated afterwards by
Spillner's attitude.
Limo was the last witness called by
the prosecution, conducted by. Judge
j. J. Banks, the assistant district at
tOrney. Previous to this Richard Flor
ence, an American Of Portuguese ex-
snecrng remarks TO; him last February,
saying that the Germans would make
I "eorn beef" of our soldiers, Who
would not last a minute! ~ At that
line Florence was 4 member Of the no.
tiOnal guard. ~
A brother, Adam, of the 6rst witness
said Spillner had boasted to him that
Germans controlled the business of the
United States and that the national
guard was getting worse day by, day.
Attorney Andrews attempted to show
that Edward K. Bull, and Edward
Worthington, manager and head luna
respectively of the Oahu Sugar Com
pnny, had conducted an Investigation
of this charge and determined it was
unfounded.~ This aroused the ire Of
Judge Vaughan who quickly interposed
with the assertion:,
"The administration Of the law in
Eawaii has not been turned over to the
Oahu Sugar Company. The objection
to the introduction of testimony tend
ing to show that representatives of that
or anv other company acquitted Spill
ne- of charges on whieh he is now
ST." lin" trial is Rnstained."
The three other witnesses were Fill
piRos, now members Of the federalized
"ati""al g"n-d. who appeared in court
in their uniforms Some little amuse
ment was caused by the effective ef.
f"~t of Jndge Banks to question these
" "''""st'S in the Did9in English Of Ia
waii after trouble was experienced In
citing direct answers through an in
terprcte".
R"n',G Is Linquist
"Wh"t he, Indicating the defend
a'n snenk Vouf" Judge Banks de.
m" nded Of Filipino then on the stand.
rfIer uae of the interpreter had failed
t. grt the results desired. and when
it w"p anticipated hesitation in an
s"er'n" might be made a point of by
i've hr'"na" in claiming the witnesses
h"d rot nnderst oOd the alleged remarks
Of Spitner.
The Fi''pino promptly answered the
district attorney:
"He srcnk Waipahu national guar I'd
an oawp ona'a." ,OpaIa is the Ha-
waiinn word for rubbish or dirt. and
not s"me kind Of fish, as it was ex.
planned 10 the Jury.
Judge Banks. who prides himself
somewhat on his elegant dietion, could
not help evin"ing his satisfaetion with
tbs shOrt cut form of examination, and