The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-31
Samuel BarneyO on
Trial For His
Life.
JURY VIEW THE
SCENE OF CRIME
Prosecution Presents Strong Testi-
mony Against the Ac-
cused Man.

case against him looks black and I'M
less there are further developments
more favorable TO him II would appear
that ne viii scarcely escape n verdict
Of guilty. -
The most important development Of
the day was the appearance of n wit
ness who was with John w. Lorbeer.
the victim 81 the shooting on the rear
OF the car. lie gave his name as w.
\. Kappie and stated that he saw the
shooting and heard what was said by
the two men. lie accused Barney OF
striking at Lnrbcor. after the latter had
pushed him from the car which ne had
attempted 90 mount and heard him say
that now he would Xix him." using an
opprobrious epithot 20 him. Then. said
kapple. Barney drew revolver and
fred. On the other hand "a witness
named tioopai stated that Lorbeer first
struck Barne. ana that Lorbeer was
following Barney and the latter was re-
treating when the shots were fired.
These two witnesses were the mos;
important ones OF the day. there being
hut one other placed upon the stand,
Eugene Cabral. the young Portuguese
engineer over whom the quarrel arose.
tits testimony related 60 a quarrel with
Harvey In the cab 81 locomotive
shortly before the shooting. and that
barney had afterwards struck him and
that he had called upon Lorbeer FOR
protection from him.
Most of the morning was taken up In
securing the Jury and ~ was not until
half after eleven o'clock that twelve
To try the case. ~ finally sworn the
jury was as follows. John Waterhouse,
a. oscar White. y. r. sullivan. r. ~.
Armstrong. w. NJ. Tcmpleton. ~. w
Green. e. NJ. i.awelawe. NJ. X. Keoho-
kalole. g. W. fIayseldcn. Saml. W
spencer \. Fernandez and w. L.
Grievc
The total number OF men excused
was thirty-oue. the defense pcremptor-
ally challenging eleven. the prosecution
enes-oue.hs,ns excused by consent and
eighteen for cause.
Prom present Appearances the tria'
/ viii last the rest Of this week and a
good portion Of next week. although II
is possible that after the case ~ better
started progress may be more rapid.
Throughout the trial the defendant
sat close to his attorneys. eying tn
witnesses closely. but keeping his at
tcntion for the most part fixed upon tn
faces IL the twelve men 90 whom hi
liberty and perhaps his life are entrust
ed DE IL n little. red faced man. nearly
bald with heavy mustache. and tina
blue appearance about the chin whicl
Indicates u heavy beard were II allow
"a 20 grow His high cheek bones Civ
him almost u cadaverous appearance
relieved only by the fiorid color tina
overspreads his forehead and cheek
and extends even 90 his neck.
The case seems To- have attracted nit
tie public attentian as yet for during
the day there were scarcely dozei
) people In attendance who did not hav
direct interest in the crime or som
Of the participants.
INDICTMENT READ.
Deputy Attorney GeneDl Cathcar
' read the indictment and gave the state
. meut Of the case to the jury. lie sal
that the prosecution would attempt I
prove that on sunday morning. Augu;
= 18TH. the defendant. Barney. had clint
Ell into the cab Of ~ locomotive at n
: oahu railway yards and had quarre 1
with the fireman. that subsequently
had struck the fireman. The latter n
the cab and ran down the tracks. WI,
~ saw John w. Lorbeer and cried o;
- that Barney had struck him. Barne
\ later walked down the tracks. NJ
u Cathcart said. and there ne met To-
y beer; they had s0fpe words and Lorbe,
y struck barney. then Barney drew n r,
u Volver and shot Lorbeer twice. NJ
2 Cuthcart stated that he expected
y show that iiarney had said prior TO a
y time ~ the murder that would ~
n John Lorbccr." aud that NJ made tn
Z statcmant 20 more than one person.
!. Mr.. Cathcart stated that IL would Z,
:. cilitate the trinl ~ the Qase and 81,
= the jury ~ better understanding OF n
= crdcncc u they were taken TO vie
the place where the occurrence toe
q place. and as this was agreed to Z
y Mr.. Andrews II was decided to tai
y the jury To the spot Immediately aft
n the noon recess.
= JURY SEPARATES.
somewhat contrary To precedcnts
murder cases the jury was allowed
separate for the noon recess and wi
not be- confined together during n
progress " the trial. Counsel for bot
Sides agreed readily 20 this, a1d Barn'
himself. on being asked by Judge SIN
man. said that he had no objections
- permitting the Jury 90 separate.
After the noon recess the Judge. FUR
Attorney General Dole. Deputy Alto
ney General Cathcart Mr.. Andrev
and Mr.. Thompson. Colonel Jones q
!. stenographer. and the court official
; went 90 the railroad yards In hack
. Gaping crowds followed the party dow
) 10 the tracks. 90 the roundhouse. M
y here Mr. Cathcart Indicated certa
J. spots Co the jurymen. Judge Sillimf
:. was careful 90 enjoln upon the jury q
tire silence. and he directed Mr.. Cat
curt not to state anything which wou
connect the case With the crime sir
ply 20 call the attention 81 the jur
= men 60 certain localities without cor
meut
. AT MURDER SCENE.
Mum as twelve oysters the jurym'
prowled around the yards. looking In
The rouudhouse. lettering on the tur
1,ble. and getting their hands and the
wHue clothes soiled with brushir
AGAINST the soot-covered buildings.
The defendant barney was broug