Daily Honolulu press. [volume] (Honolulu, Hawaiian Islands) 1885-1886, 1886-01-28
THAT LIBEL CASEl
The Prosecution Breaks Down.
THE DECISION.
Mr.. Justice Preston Charges the Jury
to Return a Verdict for
Defendant.

SiOSN Nhho uiVi mug, ulls ONoOlCC
Preston presiding. After a few
minutes delay, waiting for the ar
rival of Mr.. Hatch, of counsel for
the Crown, the case of the King VS..
Arthur Johnstone, libel, was called.
Mr.. Foster, Clerk, called the panel
of jurors, as follow: II. Waterhouse,
H. NJ. Benson, G.. d. Freetb, S. M.
Bertleman, A. Moss, j. j. Lecker,
A. L. Smith, II. E. Mcintyre, G.
Hammer, F. Eckley, E. A. Jones,
j. F. Daley.
MIR. Waterhouse did not desire to
sit in the case, on account of his
mixture in politics, and was excused.
Mr.. Benson had expressed de-
cided opinion, and was excused.
Mr.. Mcintyre was mixed up in
the matter, and might be witness,
and was excused.
Mr.. E. A. Jones had formed and
expressed an opinion, and did not
think any evidence would change 1t.
He was excused.
N. F. Burgess, Henry Davis, H.
w. Moss, H. Gum and George
Lucas were called, all except Mr..
Burgess responding.
Mr.. George Lucas had formed
decided opinion, and was excused
Mr.. Davis had biss, but wO0l6
be guided by The evidence, snd wss
accepted.
Mr.. E. McInerny wSs esllei snd
having expressed no opinSOo was
accepted.
Mr.. Dole challenged Mr.. Moss
and Mr.. McInerny, who Withdrew
Mr.. Cathcsrt and Mr.. W. Fl. Al
drich were called and accepted
The panel being now declared
acceptable to the defendant oy Mr..
Dole, the jury were sworn.
Mr.. w. A. Whiting opened the
case for the prosecution, reading the
information and indictment They
would prove the publication Of the
obnoxious article in the Press, Mr..
Johnstone's authorship of and re-
sponsibility therefor, and the tend
ency Of said article to injure Paul
Neumann in name, fame, reputation,
etc.
FRED. JONES, bar-keeper of the
Hawaiian Hotel, was the first wit
ness, testifying to the delivery of
the copy of the Daily Honolulu
Press produced, at the hotel parlors
by the regular carrier on Saturday,
Jan. 10Th. Cross-examined-He
identified the paper by mark on it.
Mr.. WHITING placed the paper
with the article in question in evil
dence.
DAVID DAYTON deposed-This is
the Daily Honolulu Press of Satur-
day, Jan. 18th. l read the article
complained of, 1 think on Monday
night, having heard of it first on
Sunday. 1 saw Mr.. Johnstone on
Sunday following the 10th, when 1
called on him at his house with Mr..
Neumann. Mr.. Neumann told him
he called to see him on account of
an article in the Press, and asked
him if he was the responsible editor
of that paper. Mr.. Johnstone re-
piled that he was legally responsible
for what appeared in the paper. L
think Johnstone said further that
other parties wrote the article. Mr..
Neumann asked him if he would
give the names of the authors of the
article, and Johnstone said he could
not until he consulted with others.
Johnstone was then asked if he
would contradict the statements in
the article if they were shown to be
incorrect. He said he could make
no promises until he had consulted
his attorney, and he would give an
answer at IL O'Clock next day. l
know Mr.. Neumann; he is a prac-
tising attorney in law cases in this
kingdom.
Cross-examined by MIR. Dole
Both ideas-the giving up of authors
and the talk about contradicting the
statements-were included in the
conversation. / do not remember
whether it was on my chief or cross
examination, in the preliminary in
vestigation, that spoke about the
giving up Of names of authors. /
was not present next day when Mr..
Neumann met Mr.. Johnstone to re-
ceive his answer.
At noon the Court took a recess
until one O. clock.
AFTERNOON SESSION.
Paul Neumann deposed--l am an
attorney at law, practicing in the
Hawaiian Courts. Copy of Press was
handed witness containing the alleged
libel, and was identified by him.) The
article refers to me; it cannot refer
to anybody else. The letter | wrote
to the Bulletin, contained in the arti-
Gle, is true. Everything as stated in
the article as referring to my con
nection with the affair, is false.
A little over year ago, mechanic
named Porteous or Wallace, | cannot
recollect exactly, came TO me. (Here
Mr.. Neumann related the Wallace mat
ter and the drawing of the order sub
stantially asltappearedin the PRESS after
the examination in the Police Court
| said to Mrs Swan that Oakley had
this claim and that / would like to see