The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1886-10-19
THE SHOOTING CASE.
Ali Day Triel OF So Yung disagree
ment and Discharge OF
the Jury.

So Yung, Chinese business agent,
was tried in the Supreme Court before
Judge Preston yesterday, for assault
with weapon" on Victor ]. Fagarroos
The case came up on appeal from the
Police Court, where on the 27th of
September Justice Bickerton sentenced
the appellant to six months hard labor
Mr. Antoine Rosa, Deputy Attorney
General, appeared for the Crown, and
Hon. Paul Neumann for the defense.
Following is the jury PANEL A. Ehlers,
]. c. Cluney, Thos. Lindsay, A. Cart
enberg, c. H. NicoIl, j. A. Kennedy,
]. W. Hingey, G. p. Castle, f. M.
Lewis, f. Gertz, L. c. Ables, II.
Waterhouse.
The witnesses for the prosecution
we're Victor ]. Fagerroos, S. M. Kaar-
ku, John M Herring, John Crowder
and Damase de Marc. For the defense
eight Cinnamon and one Chinawoman,
Mrs ]. Aniu, with Z. E. Mayhem,
Geo. Bruins and James Stevens, gave
testimony. Several witnesses for the
prosecution were positive in testifying
that it was So Yung who fired 3 shots
at Fagerroos between 6:3o and 7 p. M,
on Saturday, September 18th last, near
Smiths bridge. They recognized him
by appearance, by his voice and his
command of English.
On the other hand there was a
chain of evidence for the defense,
which,. if reliable as to the point of
time, proved beyond much doubt that
So Yung could not have been at the
place of shooting when it was shown to
have taken place. Mr.. Mayhem met
him at two different places within the
half hour in question, both times at
some distance from the place, while
Mr.. Bruins spoke to him in a billiard
room dewn town during the same time
A brother of the prisoner was produced
as the one who fred the shots, The
defense rested at FIVE O'Clock, when
recess was taken, after which Mr.. VIM.
Wond, Clerk of the Police Court, was
put on the stand a short time in re-
buttal.
Mr.. Neumann closed for the defense
in an eloquent speech, in which he
prot ested his conscientious belief that
his client wins innocent, and warned
the Jurors that they could never atone
for the injury that would be inflicted
in this case, if they convicted an limo
cent man.
Mr.. Rosa delivered powerful
speech on behalf OF the Crown. This
was the second occasion on which
pistols had been openly used, in a
great many years, on the streets ol
Honolulu. 1t was for the jury to put
down that reprehenslble practice Of
carrying revolvers. He said if man
cannot go into a squabble without a
pistol he had better go into exile, and
if man could not use his fists in a
street squabble he had better keep out
of it. He adverted strongly to the
credible character of the Crown wit
nesses and the cohesIveness of their
testimony, and intmated that the wit
nesses for the defense of So Yung's
nationality had been well drilled in
their story.
Judge Preston charged the jury tina,
if the evidence for the defense was rell
able it was impossible that So Yune
could have been near Smiths bridge
when the shooting occurred. 1t was
not necessary that verdict either way
should carry an insinuation of perjury
against the opposite witnesses, for mis-
takes might be made as to identity and
to stime. Also it would be prepcster
Gus to convict this man for the purpose
of suppresslng the unlawful carrying OF
revolvers. No point of law was in
volved. They had only to judge o
the facts.
1t was nearly eight o'clock when tht
jury retired. They returned in an hou
and three-quarters with the report tha
they could not agree. His Honor sen
them back with the injunction to agre,
if possible, as 1t was undesirable t.
have another trial. After anothel
hours consultation the jury returned
still disagreed and we're discharged.