The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-01-25

BulSetJ VINO llad sat as Jurymen IN |
the cause had been heard TO use
very violent and abusive language
against me only few days ago, and
that he had full statements from
parties who had heard them. was
very much surprised at this inform
ation. / had known Black as
speaking acquaintance, merely, but
had never passed much conversation
with him, or had any difference
whatever with him; while Burgett
was an entire stranger to me. l
know Vd no possible reason why
said Black and Burgett or either of
them should entertain toward me
any feeling of hostility or ill-will.
(Signed) j. r. ROBERTSON.
Sworn to before me this oath day
of January, 1889.
Henry Smith,
Clerk Supreme Court.
AFFIDAVIT OF voLNEY V. ASHFORD.
1, Volney V. Ashford, of Homo
lulu, Oahu, Hawaiian Islands, at
torney at law, being duly sworn,
make oath and say:
That ! was at the time of the trial
of the above cause and now am one
of the attornesy of the defendant.
That l was ignorant, at the date
Of said trial, and therefore, except
us herein below specified, of any
then existing or previously existing
feeling of hostility on the part of
any of the jurymen sitting at said
trial toward the defendant, and had
never heard or. suspected, except
also as hereinbelow specified, of any
acts, words or expressions of the
said jurymen, or any of them, indi-
eating such hostile feeling or any
prcjudgment of the case against de-
fendant by the said jurymen, or any
of them.
That the first intimation had of
the existence of any such hostile
feeling or the expression of such
hostile sentiments, or the prejudg-
ment of defendants case by any of
the SAID iurymen, was under the
following circumstances:
Having returned to my office after
4 O. clock p. m. on Saturday, Janu-
ary 10Th, from the Supreme Court
(where ! had been professionally
engaged all day. was waited on
about O'Clock p. IN. by John M.
Vivas, the Portuguese Interpreter
to the Supreme Court, who said he
called in regard to j. II. Black and
|. A. Burgett sitting upon the jury
in above cause. | answered said
Nivas that, as far rs | knew, those
two Jurors were urpreiudiced, and
that they had so sworn on their cor
dire. Said Vivas replied that he
had only II few days ago heard them
both express the most unfriendIy
feeling and bitter sentiments toward
defendant; and that he was sur
prised on calling in at the Court
House, during the progress of the
trial on January 18th, to see said
Black and Burgett sitting upon the
jury. l asked him why he didn't
then notify me; and lie replied that
he was III doubt as to his duty in
the matter-being an officer of the
Court. He further. stated that in
thinking the matter over during the
night of January 18th he had con-
cluded to acquaint me with the
facts, and that he had called at my
Office several times during that day
Saturday 19th) but found me abb
sent.
Said Vivas then told me the cir
cumstances set forth in the affidavit
now on file herein.
then tried to find ]. G. Cluny
but did not until the morning OF
Sunday, January goth, when he in
conversation with me corroborated
said Vivas statement in every par
ticular.
then drew up afiidaVits for said
Vivas and said Cluny, which they
respectively signed and swore to on
: Monday morning January 2lst, and
the same are now on file herein.
AS soon as l had heard the above
statement from said Vivas, and
after trying and failing to find said
Cluny, as aforesaid, / went to de-
fendant and told him had inform
alton in regard to the misconduct of
certain of the jurymen. Defendant
, appeared very much surprised, say
} ing most of them were strangers to
, him, and that he could think of no
cause which would make any of
them hostile to him, l told him no
more than this, at this time, as
had not fully investigated the mat
l ter but the next morning (Sunday
January 20th) immediately after in
Producing said Cluny as above stat.
ed, j went to defendant and laid the
) information fully before him: and
subsequently the same day, to Mr..
Ncumann, Of counsel for defence,
to whom | also gave full statement
of what | had learned. On the
morning of Monday, january 2lst,
+, / related the said information to
Mr.. Wilder, also of counsel for de-
fendant. Messrs. Neumann and
Wilder as well as defendant ex-
pressed great surprise at the inform
alton; and it was decided by and
! hot al nf Io ntt T.. A,