The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-01-26
THE WAIALUA ASSAULT.
New Trial Granted-More of the Aft
davits.

t New Trial Granted-More of the All
davits.
Mr.. Justice Bickerton on Friday morn
ing rendered his decision on the motion
for new trial in the Waialua assault
case. His Honor quoted home and for
eign authorities to show that there mus
be an impartial jury, and finding tina
there is a doubt OF the defendant having
had such he granted the motion.
Affdavits were filed from the defend
ant and his attorneys showing how, after
the trial, they came by the information
of prejudice on the part of two OF the
jurors. The information is contained in
the following affidavits:
AFFIDAVIT OF J. NJ. WAS.
I, John NJ Vivas, of Honolulu, having
been duly sworn, do solemnly depose
and say: That about ten days or two
weeks ago Il fix the date from the fact
that it was shortly after the publication
of the article in the Bulletin in regard to
the Robertson and Hayselden cases., L
was in Phillips milkshake premises on
Queen street in Honolulu. Four of US
were then sitting together at table in
the back room, viz: I. A. Burgett, j.
H. Black, Captain Cluney and myself.
The conversation turned on the Bulletin
article referred to, and Burgett remark
! ed, Robertson ought to be in prison for
what he has done, instead of running at
| large" Black remarked in reply, Eyes,
| and he would be on the reef now if he
! was not the Attorney Generals father
! in-law.n
Quincy said, chats convicting a man
| before trying him; you should wait and
! hear both sides OF the story" Then one
of the others (Pm not sure whether it
was Black or Burgett), said that there
was no doubt about his guilt" and that
''his place was on the reef" and other
things to the same effect.
Black also repeated words to the effect
that the only thing that kept him (ROb-
ertsOn) out OF Jail, was the improper in
huence used by reason of his relation
ship to the Acknowledgement.
Cluney denied that assertion Of Blacks,
and there was a considerable talk be-
tween both parties; both Black and
Burgett exhibiting bitterly hostile feel
ing towards Robertson. | said but little
beyond this, viz. "That / didn't believe
political influence had anything to do
with it," for l was interpreter to the
Supreme Court. l did not want to ex
press positive opinion. At that time |
did not know that either Black or Bur
gett was on the jury panel.
| was present in Court at RObertsOn's
trial, January 18th, but not until after
the trial commenced, and was surprised
to see Black and Burgett sitting on the
jury. The first opportunity L had there
after, which was Saturday, January 10th,
| called on V. V. Ashford, one of Robert
sons attorneys, and asked him how it
was that those two men sat on the case
He replied that they were examined on
their voir dire, and swCre themselves
in" and that he knew no reason why
they should not sit. l then told him
what [ have just above stated.
(Signed.) j. NJ. WAS.
Subscribed and sworn to before me
this 21st day of January, 1889.
HENRY SMITH,
Clerk Supreme Court.
AFFIDAVIT OF J. C. CLUNEY.
IL. G. Quincy of Honolulu, having
been duly sworn, depose and say as fol- |
lows:
That on or about January 9TH instant, |
l was present at Phillips 60 milkshake'' |
on Queen street, Honolulu. "A. Burgett /
j. IL. Black and John VI. Vivas were |
sitting at the same table with myself, !
when some one OF the four commenced |
talking about the Robertson shooting in |
cident and the article in the Bulletin OF
January 9th, headed "Why SOP" (which |
was supposed To relate to the said case, |
and the Hayselden conspiracy case) and |
a copy of which is attached, marked |
Exhibit A.
That during the conversation both said |
Black and said Burgett made remarks
against said Robertson to the effect that
he was guilty of the charge and deserved !
to be con the reef" and that the only
thing that had prevented it was his rela-
tionship to the Attorney-General. Bur
gett distinctly said that said Robertson
Ought to be in prison instead Of going
at large" l said to them they should
not Judge the man till they heard both |
sides of the story. Black said "there |
was no doubt OF his guilt" and much
more to the same effect.
The conversation was chiefly between
Black, Burgett and myself; Vivas, how
ever, said that political influence had
nothing to do with the matter" This
was said in reply to the assertions of both
Black ana Burgett 10 the effect that Rob
ertson would then be con the reef" in
stead of at liberty, but for his relation
ship to the Attorney-General.
(Signed) J. G. CLUNEY.
Sworn to before me this Dist day of
January, 1889. HENRY SMITH,
Clerk Supreme Court.
Afidavits were signed by J. H. Black
and 1. a. Burgett, the two jurors, stating
in effect that they had no recollection OF
any such conversation having taken
place as stated in the afidavits of J. NJ.