The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-28

the hcuc - married persons nigh, r.Ise-s Of
ia" wife, there - invitation hcr f"r lawfu rurJ,
AMI acvcIsc. the srtaucc ~ Sc lawful urI An
invitation ~ wife, Euc-; any like T.Ta 90
another Z" V; her 81 him tie br q her husband
Poyer hoi, for the rurI q committing criminal oz.
adultery, arcuy. robbery any crine, n-irmcSDo vii
not, accepted constitute lawful cN ir lius The rrr
ises at night time within the meaning e The lAv.
The full charge Of the the jury i before
While the delivering charge ihe jury,
charge being partially delivered 81 the iur wahineo
duly cmpancei the caus. taken ~ and sni with
OF fainncss carried a rorn adjoining
jury box That subsequently, the urr jury
box and the proceeded with m charge and the jury rcsir
deliberate their verdict AMI subsequently, returned and
rendered their verdict The defendant cxTec pro
eecdng the time Of the illness 81 che jrr and also -a
tho verdict contrary the law AMI the cdsnc and Al fe
misconduct Of the jury in that Of the u wahinke
disqualified account Of lines property discharge has duties
juror The defendant a-e aside verdict
and grant trial the above grounds fled
to the illness 81 the juror the substance Of which follows
Geo. Hons. Attorney defendant pr~eu, during
trial. knows the juror Wshinc. During the delivery Of tie
charge Of the jury
juror Appeared - acting strangely, has body swinging
motion aud that he suddenly collapsed in has chair h and
legs in violcn; motion. he hng apparently afflicted with
pains; that the juror undoubtedly for time
iou: that thcupon officers began pouring the bcsd
and face of the juror who did appear rin consciousness,
and carried ont IL the jury box the acnin;
physician called who in attendance the for
fifteen minutes; that the ceased Trc,ng charge
and subsequently, the juror returned the jury box and
after addressing the juror in Hawaiian Iccic
charge to the jury.
Dr. Charles Dawson sworn Duly qualified medical rrac
tioncr; knows uror wahinckoa . 1895 called
the house AMI found juror Wing adioin
ing tlc room he found the uror recovering from of
due s;onaccal vertigo chief Of
las illness being the want Of food the patient having moth
ing that days the attack taking place o'clock
IN the afternoon h alec being factor being about
ol that IN las Judgment juror suffered for
time the attack with pains fainiBess and possibly
ordered action Of the heart aud that the opinion of
time previous 'o the attack t unable IN his
fully any requiring concentrated
mental effort; that period probably
interfere with clear remembrance Of anything which juror
might have witnessed heard Prior hs
sciousnc~s-
These aflavits made December 81 1885 hir4ern
days after the trial
~ part Of the motion for a trial. stipulated
the attorney for defendant and the deputy attorney general
that DIR Dawson, after examining the juror wsineloa the
adjoining the gave opinion that the
juror condition proceed with the trial and 50 s.sasa
the deputy attorney and allowed juror J~-ssd
with the trial. and ao that before proceeding with
presiding Judge asked the juror If hc understood all
taken place prior tc suspension of the trial
Hines and that the juror replied in the affirmative
stipulated that DR. Dawson after 81. Juror
house AMI examined him. When the juror again
the asked hc able sit in the es and he aid
was The trial sztiel tina; juror incaac-
iiated mentally The doctors jurors
capacity made the time of the sickness Of the juror support the
Judgment It the trial court, aud satisfied the
ry. II has been shown ;ls' the sickness of the juror
prrjudicial t. the defendant.
"a temporary attack of rEnc though may for the
time being ucsIacita'c juror i necessarily
dicharng him. Where the circumstances permit, 1t Is proper
wait reasonable time for the jurors recovery, and IL
far permit the trial TO proceed, and there
suppose that lao mentally inesI,acitaied b he sick
ne< tho vcrlirt VIII M. lnral 10 Enc III A. u AZ