The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-01-11
TRIAL or Doctor
|. HAYES Proceeds
lBYHEEESRUuNG
Motion Of Defense For Direct
Verdict On Ground Of Faulty
Indictment Denied BY Judge
TESTIMONY IS GIVEN
BY TWO PHYSICIANS
Or. Hodpins Asserts Ne Accused
Defendant Of Having Per-
y formed Criminal Operation

formed Criminal Operation
Witnesses In the case Of Df. n.
Homer Hayes who 10 charged with
having performed a criminal operation.
began yesterday in the circuit court
to tell the happenings Of the night "
September II last when the eventa
which have stirred tho interest Of the
city and have found tAeif way into
the criminal court, Ind their bekinninn
The taking Of teEtimony started a.
ter Deputy Attorney General Cornell
3. Frahklln who, as he stated himself,
is trying his first criminal case, ha3
scored heavily against che deftnte.
The deputy attorney general II ME- m
itisl effort At the criminal bar Il con.
ducting bis side OF the ease alone. He
Is matched against seaeoncd veterans
81 the, courts In the presence Of Lorfin
Andrews ard William b. Pittman. Of
Andrews and Pittman, and Leon n.
Strauss, who are representing the ae-
cused physicinn. {fi[
Motion Il Defeated
The motion interpreted by the a.
Tense the day before was the FIRST thing
disposed Of yesterday. In the motion
;he inaictment was held 10 be invalid
and Judge Heeh was asked 70 direct
| d, verdict Of not guilty. This was over
ruled by the court and the ifst witness,
DR.. James 7. Wayson, was called 20
the stand.
The taxing Of testimony throaeho0t
the morning was marked BY 4 series
OF objections 70 bits Of Testimony and
by clashes Of counsel Doctor Wayson
told OF Visits to bis Office OF the young
womah who 10 named in the indictment.
/ He testified that he had examined her
and found her TO be pregnant, q con
dition he said he believed had existed
eight OF twelve weeks. When an e.
fort was made to bring into evidento
statsments the young woman had made
|, 10 Doctor Wayson .lon the occasions Of
her visits TO his Office, u was defedft1,
elash.
| Following Doctor wsyson, frahk /.
! Stevenson, hospital steward 1t tho
emergency hospital, was called 70 TIE
3 stand. He testified that on the night
Of, September II he had answered 4
call for an ambulance and had 1i16
TO 4 cottage OF one Of the hotel eslak-
uhhmehts htN WhNiNA aDt1tnF NI|I.I
Hayes met him on .tha outside q tic
cottage, he testified, and told hin u
B was q young woman suffering With
4 Rheumatism who wae TO be removed %
I tho Befetanin Sanitarium. He told 81
4 having taken her there In TIE bnlh'
] lance, and was then excused.
i FIodgins Takes Stand
4 New details Of events that ni1AI
I Nerc added BY DR.. Arthur @. HodRi1s,
7 who WINS the hekt witness called. HI
I had been awakened about ton 0 'oIb1k
! That night, he testified. BY cali from
\ 1.-THE Beretanin Sanitarinm.
/ When he answered the cali Doctor
Hodgins said he met Dvctof Hayes and
7 several others, whose names he men.
4 TONED, on the lanai Of the sanitnr.,I|h
Doctor Hayes told him, the witness a.
1 serted, that IL was a case Of i yot1o
y woman who was suffering with fheunk
\ tism. He testified that Doctor Have
I. asked him to examine the eaae.
u Doctor Hayes said he had that ntnhl
Z used a spoeulum, the witness testified
/. and later he declared thnt the instrh
q meht in question was one that wb0I,
4 have no purpose in treating d patient
q with rheuma tam. 81 81 "
u Accuses Hayes
: r. After the organization he stated b.
; had directly accused Doctor Hayes 81
having performed criminal Operation
IF 81 told him he had left the dirt,
N work for me to do the witness testi
fled. y. ,.i ,al
A Doctor Hayes aid not ii once FspI,
b to this accusation, the physician weh
"A on. !aA
q "He turned, pale, and asked for
chair TO sit down. A little while late
4 Doctor Hayes said he would never a
anything like that again, the witnea
- added. =
Doctor Hodgihs had no further con
d yefsation with the accused physioin1
according 10 his testimony. He al
that he had announced his intention 4
perform an operation TO relieve The. NJ
tient and called for DR.. ]. X. Judd 4
assist In this. BY the time he had IL
IOperating room put in rcadiren Docto
Judd responded 70 his call, be testified
and they then performed. the operatioi
Doctor Judd, he said, administerea Il
hncsthetic. = - 4 \. rs (. ~ q Y
Cause Il Defined I, ~ IS
Doctor Hodgina stated that the pl
tient remained under his care seven
|. Idays following the operation. Whb
be was asked to state the cause Of II
PATIENTS condition he declared Il ha
been brought about by an ''ineomploi
IN abortion."s 4 ~
OF Vigorous efforts that the defense Ia
ng made while Doctor Wayson was on N
~ stand 10 make use Of technical medici
op works by authorities In eross exam d
,e- tiOn had failed when objections Of Il
rs, prosecution had been sustained b
Ell Judge Heen, AS the defense evident
he meant 10 follow the same course al
of use text books in cross examining DO
or tor Hodgins, course that had bel
'ed barred by the courts previous ruin
the attorneys for the defense were !
mt luctant to proceed with the exauln
Tor tion OF Doctor Hodgins II was tn,
for eleven.thirty, and Attorney Apdfes
he asked for a delay TO enable him 10 III
10y pare himself for the Grammatical
re. the witness. The court ordered him
NJ nrnee.ad nnkil k..ralva =, g.l..k 1T 80