The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-04-27
THE MACFARLANE CASE.
The Defendant Ola Trial Before q
Foreign Jury.

case of the King VS.. George w. Macfar-
lane, conspiracy first degree. Attorney
General Ashford for the Crown, Messrs
F. NJ Hatch, Paul Neumann and An
tone Rosa for defendant.
The Attorney General moved that the
case be continued until the July term OF
the Court for the following reasons:
LIST. The impossibility of obtaining a
jury qualified to try the same from the
present jury list.
I'd. In order to facilitate the trial OF
defendant in company and jointly with
the trial of F. II. Hayselden, with whom
said defendant is jointly charged herein,
the said Hayselden being now under
bonds to appear for examination upon
such charge on the 18th day of May
prOXimO.
3D. To avoid the unnecessary trouble
and expense of separate trial of the said
defendant and said Hayselden herein.
4th. The absence from Honolulu and
unavailability of material witness for
the Crown, viz. l.. A. Thurston.
9th The probability that were the
trial herin begun, it could not be con-
Guided at and during the present term
of Court
Mr.. Hatch stated the case was set for
the next in trial to the Luce case. The
counsel for the defense were instructed
to be ready for this trial by the Court in
the presence of the Crown prosecutor.
He said the reasons set forth in that
motion were not sufficient to warrant
continuance. He then argued on each
reason separately, and showed the Court
why he did not think them good and
sufficient, and therefore asked the Court
to OverruIe the motion and order the
trial of his client at once.
Attorney General Ashford argued in
favor of the motion, and said he was not
surprised that the counsel for the de-
tense wished the case brought to trial
this term, as Mr.. Luce for a similar Of
tense, had just been acquitted by jury
of his creditors.
Mr.. Neumann said that such slur
on the jury by the Attorney General
was uncalled for. The jury was COM
posed of as honorable and upright men
as jury could be, and their motives
were as honorable as any of the Attor-
ney Generals. He then asked the At
torney General if he wished to prove by
Mr.. Thurston anything more than was
adduced at the preliminary trial.
The Attorney General objected to be-
ing catechised.
Mr.. Neumann then said, you refuse to
answer? to which the Attorney Gen
eral said yes.
Mr.. Neumann, continuing, said to the
Court, the Attorney General refuses to
answer my question, consequently the
object of his motion is to mislead the |
Court
His Honor, after reviewing the rea-
sons set forth in the motion, concluded |
they did not warrant continuance, and |
Overruled the motion.
On motion of the Attorney General, |
the Court allowed a recess until p. M
was called: p. @. Jones, r. j. Lille,
w. Roland, F. w. Wood, r. w. Pod
more, w. II. Mclean, A. L. Louisson,
E. j. Spalding, J. d. Tucker, A. N.
Trip, E. s. Cunha, W. G. Wilder, Jr.
E. S. Cunha was excused, and w.
Lantz called.
The Attorney General moved that no
Jurors who had served upon the case of
he King VS. w. S. Luce be allowed to
sit in this case.
After argument by the Attorney Gen
eral and Mr.. Hatch, the Court granted
he motion, and excused the following
jurors: Messrs. Lille, Podmore, Wood,
Spalding, Tucker, Wilder and
Lantz.
The defense excepted to the Courts
'uling.
The Marshal then went out and sum-
noned number of talismen.
Quite little time was spent by both
he Crown and the defense in question
ng the talismen.
The following conversation took place
between the Attorney General and A
Y. Trip:
Att. Gen.-Are you satisfied with the
7erdict in the Luce case?
Tripp-I have to be.
Att. Gen.-Did you take special inter
,st In the trial?
Tripp-When [ got in the Courtroom
staid and saw it ut
Att. Gen.-Have you any bias?
Tripp-I have not
Att. Gen.-Did you not say outside
hat it would not take you two minutes
o reach decision?
Tripp-I may have stated SO after
learing the evidence. My mind was