The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-04
SENSATION
IN COURT
Bitter Speech of
u. 5. District
Attorney.
HE ROASTS
JURY SEVERELY
Case of Mist vs.. KapioIani Estate
Still Going On in First
Circuit Court.

The acquittal of Captain Sodergren
by the Federal jury Thursday night
did not please United States District
matte scene in Judge Estee's court room
yesterday morning when the case Of
the United States against Walsh, the
third one of the assault and battery
cases against officers of the bark Hes
par, came up before the court
When the case was called Baird
moved the court for continuance Of
two weeks, SO that the present jury
might be discharged and a new one
empanelled for the trial of the case
against Walsh.
There was a nervous feeling in the
atmosphere and jurymen, attorneys
spectators and judge were all on the
qui vive. There was suppressed ex-
citement in the voice of Attorney Baird
as he made the motion, and there was
evidently a sensation pending.
Attorney Kinney, for the defendant,
jumped to his feet and began to object
to the motion; but was stopped by the
court, who promptly denied the mo-
ton.
Attorney Baird then arose excitedly
and began to address Judge Estee.
He openly charged the jury with
making mockery of justice in ac-
quitting Captain Sodergren, against
whom, he said. there could not have
been a clearer case; he deemed it
hopeless to secure a conviction Of the
defendant in the case against Walsh
if the same jury were to serve. and
therefore he moved that a nolle prose-
qui be entered in that case.
Kinney leaped to his feet and began
to again protest, but he was second
time cut short. THE court will not
hear you" said Judge Fstee. the pris-
oner IS discharged. and his bondsmen
released; members Of the jury. you are
excused for the term
This summarily ended the matter,
and in silence the amazed jurymen.
dumfounded prisoner, perplexed attor-
neys and interested spectators walked
out of the court room.
Attorney Baird's speech was decided
ly sensational For ten minutes he talk
ed rapidly and excitedly He said that
Captain Sodergren had been shown by
the evidence to be as guilty as a man
could possibly be, and there was no
defense that rebutted a single charge.
He said that the verdict had not been
in accordance with the evidence, and
that it was an outrage and a travesty
of justice. There was no use in bring
ing Walsh up for trial before a jury
that would acquit a man on the evil
dence IN the Sodergren case, because
it would acquit In the Walsh case.
Therefore, he moved that a nolle prose-
qui be entered. He declared that it was
a waste of time, and of money of the
United States TO continue to try cases
with such jury, and as there seemed
no chance OF getting justice, he con-
sidered that he would be derelict in
his duty to the United States il he went
on with the other cases. Baird also
said something which was interrupted
as an effort to impeach the loyalty of
the people of Honolulu to the general
Government.
The speech was heard with indigna-
ton by the astonished jurors. Judge
with Baird. who, he said, had not said
too much.
'eThe evidence shows said the Judge
"that the boy had been beaten inhu-
manly six times. eight or nine witnesses
having sworn to the fact, and there
was absolutely no evidence to the con-
trary. The case was so clear that a
child could have decided it."
Without any hesitancy the judge
when asked his opinion as to Solder
green's guilt replied; Captain Sod
ergren is guilty Of course
Realizing that his speech would prob
ably be the subject of much comment
[ "a; r1 eyoI-a ordorC RI his stem
/ ographer that no copies were to be Civ
en- out until he had seen and corrected
/ them. BY reason Of this, his words
cannot be given verbatim.
AS Captain Sodergren is already un-
| der six months sentence on the same
charge, from the verdict of the same
Jury in the case against Sodergren and
Stuart, the jury probably deemed that
another sentence would be too severe
COURT NOTES.
The fourth day of the Mist VS.. Ka-
pioIani Estate yesterday, in the First
Circuit Court, did not suffice to COM
plete the taking of testimony in tbs
case, and it has gone over until this
! morning. 1t will probably be con-
tinued to Monday.
The first Judge of the First Circuit
| Court, under the authority vested IT
him by the recent act of the Legisla-
| ture relative to the appointment OF
bailiffs for certain courts, and fxine
their salaries, yesterday appointed
Charles A. Hopkins a bailiff of the
First Circuit Court.
Return of summons has been made
by Deputy Sheriff McGurn in the case
| of Ket On Fui Kon Society VS.. Gnar
Chong. and in the case of Manuel Go
mes VS. Jose Cordeiro, showing service
upon the defendants, as directed.
| E. II. F. Wolter, piaintfn In the as
sIln1nsit case of Wolter VS.. Redward
has moved by his attorneys. Magoor
& Thompson, that his deposition be
taken. as he is about to depart from
the Jurisdiction of the First Circus
/ 60 a., ul,icI, the action is brought