The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-11

The plan was feasible enough, but the
jurors on the opposite side objected
on the ground that they would be yfo-s
latlng their oaths by such trif1ing with
the law. Then it was argued that 1t
didn't make much difference whether
the prisoner was guilty or not, until
they arrived at a verdict they would
De compelled to suffer more than the
Chinaman, and the best thing was to
agree and argue about it afterwards.
This suggestion fell on deaf ears; jus-
tice or nothing was the cry. and one
man asserted that though he enjoyed
his home and family he was ready to
stay out week before he would sign
verdict against his convictions.
Shortly after midnight another vote
was taken, standing six to SIX, and
the jury was led to the cottage pre-
pared Tor their use. Sleep was almost
impossible. Whenever a juror began
to snore particularly loud, he was
awakened by some other juror who
couldn't sleep on that account Along
towards morning the Jurors began to
argue the case again while the re-
naming members of the jury were
still trying to sleep. This performance
was varied by few choice vocal Sc
lections, interspersed with groans and
cries. To add to their misery Bailifr
Ellis routed out the remaining mem
bers of the jury shortly after O'Clock.
and started them to work again After
breakfast at the hotel they were again
taken to the stuffy jury room and told
to deliberate. Mysterious sounds pro-
ceeded from within all morning, bat it
was not until nearly noon that Judge
Gear relented and allowed them to
come into the courtroom. In all nine
formal ballots We're taken, BESIDES a
full score of informal votes by simply
raising the hand. And through it all
the jury stood six to six
All FONG CONVICTED.
Immediately after the discharge of the
jury in the case of All .Fong second
jury was called to hear the same case
1t was made up as follows: William Bu-
chanan, NJ. P. Robinson. Joseph Kune-
wa. d. K. Hoapili, V. Fernandez, G. Ke-
naohao, A. Fernandez, j. Fabian, r. w
Davis, H Bertlemann, J. D. Cockett w
4. Chiffon.
The evidence presented was the same
as on Monday, excepting the additional
testimony of the manager of the Chi
nese theater, and of Deputy Sheriff Chill
lingworth. The jury was Instructed and
retired at o'clock, and in three-quar-
tiers OF an hour (probably profting by
the experience of their predecessors re-
turned verdict of guilty as charged in
the indictment A motion for a new trial
was presented on the ground that the
verdict was contrary to the evidence.
1t will be argued later.
All SOON DISCHARGED.
i All Soon, charged with assaulting OFF,
Ger All On, was acquitted, the jury re-
, turning verdict of not guilty by the di-
rection of Judge Gear. 1t appeared from
the evidence that the defendant had not
assaulted the complaining witness, but
another officer, and upon motion of At
torney Andrade, he was discharged
While four or five of the jurymen
could have entertained the jury for a
day and night, without Winding the ex-
pense, 1t hit rather heavy upon the Ter
ritorial Government, which has never an
oVersupply of cash to squander, even for
the entertainment of its heavy taxpay-
J ers, particularly upon case of such lit
tie importance. A couple of weeks ago
jury in the case of Harrison VS. Ma
! COON was discharged within two hours,
after working on the case for two weeks,
i and though the vote stood eight to four.
The jury which sat upon the case of All
t'ong cost the Territory considerably
more than the defendant could be fined
: N ia criIr he
Counting the jury and bailiff. there
were thirteen meals at the Hawaiian
Hotel, twenty-six at the Grill, and lodg-
ing for one night at the hotel, and hack
hire for the jurymen. Added to this is
the pay of twelve jurors for three days
/ at two dollars each, and with the nu-
merous witnesses, the court costs in this