The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-11
HAD TAKEN HAGY CURE.GHA GREAT CRUELTY.
JUROR IN THE HARRISON MA.
COON CASE.
Verdict for $4,000 for Plaintiff, But
the Court May Refuse TO Receive
It.

| The Harrison Magoon jury reached a
verdict at about 4 O'Clock this morning,
but 1t was not given in open court and
remains sealed in the possession Of
Clerk KaulukOu, owing to sudden OBJ
lection, at the last moment, to one Of
the jurors. The verdict is In favor OF
! the plaintiff, for about $4,000 it is
stated.
! After the jurors were locked up at
1880 this morning some of the attor-
Ineys and Judge Gear remained in the
] courtroom, waiting for verdict. Nc
/ Clanahan was there as the representa-
tive of the defense. The court took
recess and the lawyers sat and talked
Hagey cure and other subjects, 10
while away the time. 1t was during
! this talk that a remark was dropped
that suddenly opened up prospect Of
|iI-luck to the plaintiff who has fought
so long.
"By the way hasn't Vincent Fernan-
dez taken the Hagey cure?" said Judge
Gear, as various men who had been
treated were being referred to. Fer
nandez was one of the jurors who were
then deliberating on the case. Nc
Clanahan at once began further ques-
tions, and this morning he verified the
report that Fernandez had taken the
cure.
At about o'clock this morning 1t be-
gan to be rumored that the jurors has
reached a verdict and when McClana-
han came into court this morning, he
made a statement as follows;
Last evening after the case had
been submitted and after the jury had
retired a rumOr came to the know
ledge of defendants counsel that one
of the jurors is a man who has taken
the Hagey cure. Since last night that
Irumor / have verified. We therefore
,offer to prove the fact in connection
with a motion which l now have to
make. that the court decline to receive
the verdict if there is one, and that
the Jury be discharged Your honor can
easily see that a man who has taken
the cure is disqualified to hear the case.
i A vital issue in the case is the bona
6des of the cure. 1t Is unfair to Doth
plaintiff and defendant that man VINO
has had experience with the cure,
whether pleasant or unpleasant, slouiu
sit as a juror.
II understand that since your honor
and counsel left this morning, the jury
have agreed upon a verdict. What II
lis | do not know, but whatever 1t Is, IL Is
AN unfair one, and ! now ask to be al
lowed to offer proof of my statements
i'm support of the motion that the Nel-
dict be not received"
Attorney Robertson intimated that
McClanahan had had tip mat the
verdict was against him. and SAID thal
, lit didn't matter if one of the jurors mao
taken the Hagey cure. He suggested
that counsel ought to have examined
the Jurors before accepting them, on
the point. If they didn't do so, ii was
foo late now to object, while if they did
and a juror swore falsely, the motloH
might have better grounds.
McClanahan was allowed TO olIefeu
the proof he desired to furnish. A SUD
noena was issued for a. V. Gear Dut
I liz was found that he was at kahuhu
> 10. IL. Berry took the stand ana testi-
, fed to his personal knowledge OF t tle
, Fact that Fernandez had taken the
! Icure. McClanahan testified that ne mac
had no knowledge Of the fact up to the
, time when Gears remark had caused
him TO make an investigation, and tha'
! he had at once started to verify IT,
l In the meantime the Jurors had ask
7 ed to be brought into court ROBERT
l son thought the verdict should pc re-
ceived, while McClanahan ana baliDS balioS
thought otherwise. Ballou suggested
ALLOWING the jury to return its Verulc'
5 sealed to be held until the court decd
; ed what to do in the matter. rms Wa'
! agreed upon, and Gear gave RopertsoI
until tomorrow at $3.50 to submit au-
thorities and look up the record as u
whether Juror Fernandez mad peeI
= questioned about his taking the HaseS
. cure. , ,i,a,
I The Jury came into court and asked
= for more instructions. They deslres
. Information to the date on Whlcl
: Harrison had made his demand upoi
the Hagey people for the return OF Il'
: . 600 mounds he had put into the Hage!
: scheme. They had been figuring inter
d est and did not agree on the date; IN s
d verdict was all made out and signed
awaiting an agreement as to the eXac
ngure. .ha 4,,r,
The date was supplied to the 9ur!
e and they retired again, returning III
fa,g minutes with a verdict, which wa
sealed and handed to the clerk. 10
/. morrow morning Judge Gear VIII de
eide whether to receive 1t or not