The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-30
JURY FAILS
TO AGREE
Hasey Jag Cure
Case Will Be
Aired Again.
VOTE STOOD
EIGHT TO FOUR
Another Divorce Granted for
Adultery Calendar Issued
for Fifth Circuit.

case of Harrison VS.. Magoon was dis
charged yesterday afternoon, having
failed to agree. The jury stood eight
to four, presumably for plaintiff.
The Hagey Cure trial began a week
ago Wednesday, and the time has been
principally consumed in hearing argu-
ments on motions to instruct for de-
PENDANT. The plaintiff, Harrison, and
one of the defendants, l.. c. Ables, were
the only witnesses examined, a large
part of the time being taken up with
discussion of the contracts.
The jury was instructed and sent out
at o'clock yesterday afternoon. At
the request of the plaintiff instructions
were given to the effect that the prin-
cipals were responsible for the acts of
their agents, and that l.. c. Ables had
authority to sign contracts for the Ha-
gey Cure Company. A further instruc-
ton was to the effect that damages, If
any, could not be allowed for any less
sum than the $4,000 sued for, which
| should be computed in American mon
ey allowing $4.95 for each pound.
| At the request of the defendant the
jury was instructed that if it was shown
that the dissatisfaction of plaintiff was
evinced before he went to Tasmania
there should be verdict for defendant
and as we'll if it was shown that alter
ations had been made in the contract
after it was signed. In case an award
of damages was made, it was to draw
| Interest at per cent from March 10
1898
The jury had been out but an hour
and a half when a request came fol-
permission to see the court. The fore
man, P. c. Jones, then announced thai
the vote had remained the same from
| the start and there was no prospect OF
an agreement. The court refused tt
discharge them at this time, stating
that as the court attorneys had beer
working on the case for two weeks, the
Jury might spend a little longer time il
its consideration.
While the jury was out for a SECOND
time, court and attorneys discussed the
vagaries of juries in general. Mr.. Nc
4
to do was to discharge the jury, say
ing:
Il believe there are three men on thai
jury of strong minds and fixed convic'
tons, and if they once made up thefl
minds from the evidence, heaven an6
earth couldn't change them"
eff the court had known that the jury
would not have been accepted" replied
Judge Gear.
81 think that is the case with any
jury. Three or four men lead all the
Others
Not in this court"
| L. c. AbIes was then called upon fol
an expert opinion, he having had more
experience than any else in actual jury
service.
81 have been on jury where one man
swung the other eleven" said he.
You have been that man, haven't
you, Mr.. Ables?" inquired the court.
| Perhaps so. I was on jury once
where held out against the other elev-
en- men all night, and slept on the floor
without a mosquito netting; and the
Supreme Court proved I was right by
holding the same way that I did,
You shouldn't wonder, then, that the
court was 50 anxious to have you on
the grand jury?" said Judge Gear.
| Il don't think he will be so anxious
next time returned Ables.
Perhaps by that time you will be
| training with a different crowd" was
the response.
| Shortly before o'clock the jury again
asked to be called into the court room,
and the foreman announced for a sec
ond time the impossibility of an agree
ment. Mr.. Jones stated that the jury
| stood eight to four, and such had been
the vote on every ballot since the sec
ond. He said there was not the slight
est chance for verdict, and that the
jurors had announced their intention OF
remaining out all night rather than
give In. To this the remaining Jurors
nodded assent.
| Judge Gear remarked that this jury
was an exceptionally intelligent one
and understood the questions involved
as well as they could be understood
and he would take the same view as
did the members Of the jury; IL they
were confident that they could not ar
rive at a verdict he would discharge
them, and with the consent of the at
torneys on both sides this was done.
The case must now be retired before a
new jury. It has not been set down
for a second hearing. and probably can
not be heard this term.
BAR DOCKET FOR FIFTH CIR
| CUT.
| The bar docket for the Fifth Circuit
was sent out by Clerk Smith yesterday.
| The September term begins next Wed
! nesday before Judge Hardy. The fol-
| lowing cases are on the calendar:
CRIMINAL CAUSES.
| Territory of Hawaii vs. Thomas Led
ward, burglary; continued from March
! term
| Territory of Hawaii VS.. Robert Wal
aleale, embezzlement; continued from
March term.
Territory of Hawaii VS.. Hoy Sing,