The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-01-29
THE WAIALUA ASSAULT.
New Trial Grauted-More of the Ami
daVits.

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 must
be an impartial jury, and finding that
there is doubt OF the defendant having
had such he granted the motion.
Afidavits 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 ]. NJ. WAS.
1, 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.,
was in Phillips milkshake premises on
Queen street in Honolulu. Four OF US
were then sitting together at table in
the back room, viz: l. A. Burgett, j.
H. Black, Captain Cluney and myself.
The conversation turned on the Bulletin
article referred 10, 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 lie would be on the reef now il he
was not the Attorney-General's father
in-law."
Quincy said, chats conyicting man
before trying him; you should wait and
hear both sides OF the story" Then one
OF the others (I'm not sure whether it
was Black or Burgettl, said that there
was no doubt about his guilt" and that
chs 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
eTtson) ont OF jail, was the improper in
fluence used by reason OF his relation
ship TO the Acknowledgement.
Clunev denied that assertion OF Blacks,
and there was q considerable talk be-
tween both parties; both Black and
Burgelt exhibiting bitterly hostile feel
Ing towards Robertson. / said but little
beyond this, viz That l didn't believe
political influence had anything to do
with It," for I was Interpreter to the
Supreme Court. 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 ct 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 had there |
after, which was Saturday, January 18th, |
l called on Y. Y. 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 swore themselves |
in and that he knew no reason why |
they should not sit then told him
what I haze just above stated.
Signed J. N. NIvAs.
Subscribed and sworn TO before me
this 2lst day OF January, 1889.
HENRY SMITH.
Clerk Supreme Court
AFFIDAVIT OF J. c. CLUSEy.
ii. c. Quincy Of Honolulu, having
been duly sworn, depose and say as fol-
lows:
That on or about January 9TH instant,
l Tas present at Phillips milkshake"
on Queen street, Honolulu. La Burgett,
J. II. Black and John VI. Viyas 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 So?" (which
was supposed to relate to the said case,
and the Hayselden conspiracy case and
q 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 "on the reef" and that the only
thing that had prevented it was his rela-
-ionship to the Attorney-General. Bur
yett distinctly said that said Robertson
ought to be in prison instead OF going
1t 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; yivas, how
ever, said that political influence had
lothing to do with the matter" This
vas said in reply TO the assertions of both
Black ana Burgett to the effect that Rob
.rtson would then be son the reef, in T
tead OF at liberty, but for his relation :
hip TO the Attorney-General.
(Signed) J. G. CLUSEY.
Sworn to before me this Dist day Of
January. 1889. HENRY Smith,
Clerk Supreme Court.
Affidayits were signed by J. H Black
nd l. i. Burgett, the two jurors, stating
4 effect that they had no recollection Of
ny such conversation having taken
lace as stated in the afidavits OF J. VI. :
Twas and J. C Quincy