The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-06

Continued from Page s.
| The following jurymen were impanel-
! led to hear the case: Alex Aona, Guy
Livingston, John S. Andrade, James NJ
! Sims. Joseph Richards, James X.
| Merseberg, John w. Smithies, Ed
| Woodward, John A. Noble, Benjamin
r. Campbell, Henry S. Swinton, Ruby
A. Dexter.
| The jury was instructed and retired
at 4 o'clock, and shortly after came
| into court again and asked for further
! evidence on a certain point. The court
! informed the jurors that as far as they
were concerned the case was closed,
| and they were to pass only upon what
| had been heard by them. Then it was
stated by the foreman that an agree
ment was impossible. With that the
| court gave instructions for the care Of
the jury during the night, telling Bail
| if Hopkins to take them to dinner at
| Z o'clock, and if no verdict had been
reached by II o'clock, to put them at
the Hawaiian Hotel for the night. The
bailiff was also instructed not to per-
NIT the jurymen to use intoxicating
| liquors. The foreman thereupon re-
quested that the court allow them fif-
teen minutes before a final adjourn
ment, and they We're told that court
would be kept open for that length of
time.
The prospect of a night in the jury
room very likely had a softening effect
on the obstinacy of some of the jurors.
for, after an interval of but five min
uteS, an agreement was announced.
The jury was then called into the
courtroom and the verdict of guilty
read.
All I'm was immediate called be-
fore the bar and sentenced TO one year
in prison. He has been confined since
March awaiting q hearing. and being
III, ;-l,
passing sentence. said in substance:
ANY other verdict than that returned
by the jury in this case would have
been an outrage on justice. for no sane
man could have heard the evidence and
the statements of the defendant and
said he was not guilty. The fact that
you have once before been arrested for
larceny. and convicted of vagrancy and
gambling, show a desire on your part
TO avoid honest toll. 1 do not believe
you are too feeble to work, and your
conduct indicates that you are man
of average intelligence. L will take into
consideration that you have already
been imprisoned seven months, other
wise l should have been inclined TO
give you the limit. 1t will be the judg-
ment of the court that you be impris-
oned in Oahu prison for the term of
one year, the sentence to begin this
day"
II w ALL N<A-N L NII< Allo
There was a novel mix-up yesterday
afternoon in Judge Gears court over
the, attempt of 7. McCants Stewart to
secure a fee he claims to have earned
as counsel for T. b. Cummings First
Stewart tried to compel j. a. Magoon
TO pay the money to him, he being the
attorney for Cummings, ,but this effort
was unsuccessful, as MagoOn discliam-
ed responsibility. Baffled in the first
attempt, Stewart then applied for an
order to have Magoon to show cause
why he should not be punished for
contempt in failing to pay the fee of
$50 which it was alleged that Cum
mings was willing to do. This was also
filed, and yesterday a motion was made
to have Magoon show cause why he
should not repay into court the sum of
$fl1.10, which had been paid to him
for t. 3. Cummings as the latter's
share of his. fathers estate. Then a
curious mix-up followed. Magoon said
he didn't have the money; that he
had simply drawn it out upon order OF,
the court and paid it to F. Wunden-
berg as guardian of T. b. Cummings
and further than acting as attorney
for the said T. B. Cummings, he had
nothing to do with the fund Stuart
replied that Magoon had no authority
to act as the attorney for Cummings,
as he (StewaTt) was his attorney and
MagoOn had never been substituted for
him. Judge Gear remarked that the
money was out of the jurisdiction of
the court, and he saw no way by which
II could be paid back again. and
though he now felt that the Sill. 20 had
been improperly withdrawn, yet he
could not compel MagOon to pay money
he did not have in his possession. He
denied the motion. Mr..
Stewart then stated he would ask an
order to have Wundenberg and Magoon |
n ThnmnSOn cited tn nd hiring |
the money in question into court. Once |
il does get into the clerks hands again, |
Attorney Davis has an order lying in |
wait To secure half of it. in the case |
If Cummings vs.. Markham, and by the |
time Stewart gets his fee of $50 there |
will be very little left for the son and |
heir.
JUROR FINED FOR HARDNESS.
John C. Sheldon. a juror, was fined
80 for failing to appear in court when |
lis name was called yesterday morn
ng. y bench warrant was issued, and
Sheldon was brought into court by
officer Sea at noon, when he explain
ID that he had understood the court
O excuse him until afternoon A fine
# $40 was imposed. but later suspend
"a upon motion Of Deputy Attorney {
General Cathcart. and the juror was /
REUSED for the remainder of the term
The bailiffs were also instructed not
% summon him again.
Judge Gear yesterday denied the ap-
'ication Of W. J. Coon for a writ of
.abeas corpus, and the prisoner must
el-ve the sentence of three months i'm
,osed August 10, 1898, for violation of
ne opium laws Of the republic. The
round was That at that time section
90 of the Penal Laws OF the Republic
I Hawaii was abrogated by the New
amos Resolution of July :. 1898. The :